Legal Opinion

Cox v. Ellsworth

Nebraska Supreme Court

Decided January 15, 1886PublishedCited by 17 opinions

Appeal from Hamilton county. Tried below before Norval, J. Burr v. Sim, 4 Wharton, 150. Eagle’s Case, 3 Abbott, 218. Proctor v. McCall, 23 Amer. Decisions, 135. Holmes v. Johnson, 42 Pa. State, 164. Miller v. Beates, 8 Amer.

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Appeal from Hamilton county. Tried below before Norval, J. Burr v. Sim, 4 Wharton, 150. Eagle’s Case, 3 Abbott, 218. Proctor v. McCall, 23 Amer. Decisions, 135. Holmes v. Johnson, 42 Pa. State, 164. Miller v. Beates, 8 Amer. Decisions, 658. Abbott’s Trial Evidence, 74. Jamison v. Smith, 17 Rep., 300. John Hancock v. Moore, 34 Mich., 41. Best Evidence (Morgan’s Ed.), § 409. Tisdale v. Insurance Co., 26 Iowa, 170. Byan v. Tudor, 31 Kan., 366. Hancock v. Insurance Co., 62 Mo., 29.

1Opinion of the Court

Cobb, Ch. J.

This is an action in equity brought in the district court of Hamilton county, by Joshua Cox, plaintiff, against *665Francis M. Ellsworth and wife, defendants, to reform an <error or mistake in a deed of real estate executed by said defendants to one Mitchel Clement, under whom the plaintiff claims. The alleged error or mistake consisted in a misdescription of the land intended to be described in and conveyed by the deed. The defendants answering denied that there was a mistake or error in the deed, and denied the death of Mitchel Clement, their grantee. The deed under which the…

2Cases cited1 opinion

  1. Ryan v. TudorSupreme Court of Kansas · 1884

3Cited by17 opinions

  1. Northwestern Mut. Life Ins. v. StevensCourt of Appeals for the Eighth Circuit · 1895
  2. Winter v. Supreme Lodge Knights of PythiasMissouri Court of Appeals · 1902
  3. Hagsten v. SimbergSupreme Court of Minnesota · 1950
  4. Sherman v. Minnesota Mutual Life InsuranceSupreme Court of Minnesota · 1934
  5. Lesser v. New York Life InsuranceCalifornia Court of Appeal · 1921

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