Levy v. Ryland
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. H. A. Pile, Judge. Suit by William Levy against Richard Byland. From an order sustaining a demurrer to the complaint, and from a judgment dismissing it on refusal to amend, plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the Second Judicial District of the State of Nevada, Washoe County; W. H. A. Pile, Judge. Suit by William Levy against Richard Byland. From an order sustaining a demurrer to the complaint, and from a judgment dismissing it on refusal to amend, plaintiff appeals. The facts sufficiently appear in the opinion. I. The complaint fails to state a cause of action, for the reason that there is nothing to show any identity between the subject-matter of the alleged contract and the subject-matter of the purchase. No resulting trust arose from the facts alleged. The…
1DissentNoRCeoss, C. J.
The demurrer to the complaint was sustained upon the ground that it appeared upon the face thereof that the action was barred by the statute of limitations.'. The action was brought to enforce a resulting trust, and it is contended by the appellant that the statute did not begin to run until the discovery by the plaintiff in May, 1908, that the deed delivered to him on the 16th day of January, 1903, was not what he thought it was and did not in fact convey to him the full undivided one-half interest in the entire lot. The plaintiff alleges in his complaint that he "relied upon the…
2Cases cited6 opinions
- White v. SheldonNevada Supreme Court · 1868
- Crowley v. CrowleySupreme Court of New Hampshire · 1903
- De Mares v. GilpinSupreme Court of Colorado · 1890
- Bangs v. LoveridgeU.S. Circuit Court for the District of New Jersey · 1894
- Felkner v. DoolyUtah Supreme Court · 1904
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