Chicago, B. & Q. R. Co. v. Washerman
United States Circuit Court
The original bill seeks to quiet the title of the railway company, - complainant, to a portion of lots 5 and 6, in block 219, in the city of Omaha, Douglas county, in the state of Nebraska, now occupied and used by the railway company for a passenger station.
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The original bill seeks to quiet the title of the railway company, - complainant, to a portion of lots 5 and 6, in block 219, in the city of Omaha, Douglas county, in the state of Nebraska, now occupied and used by the railway company for a passenger station. The cross-bill of Anna Wasserman, an infant of the age of about 18 years, who appears by her guardian ad litem, prays that it be decreed that she is the owner in fee of an undivided half-interest in said real estate, and that partition thereof may be made between her and the railway company; and that an account, as between tenants in…
1Opinion of the CourtBrewer, J.
In this case, the primary question I am reluctantly compelled to decide in favor of the complainant Wasserman. I say reluctantly; for when a man, on the eve of death,having a child five years of age, and living with a wife to be delivered of a second child within 20 days, makes a will giving all his property to his wife, I think the common voice will say that he intended no wrong to either *875the born or nnoorn child, but trusted to his wife — -their mother — to do justice by each, and believed that she, with the property in her hands, could handle it more advantageously lor herself and children…
2Cases cited10 opinions
- Brush v. WilkinsNew York Court of Chancery · 1820
- Pettit v. BlackNebraska Supreme Court · 1882
- Stevens v. TownsendMichigan Supreme Court · 1843
- Fallon v. ChidesterSupreme Court of Iowa · 1877
- Smith v. . RobertsonNew York Court of Appeals · 1882
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3Cited by10 opinions
- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
- Pearce v. PearceTexas Supreme Court · 1911
- Sutton v. HancockSupreme Court of Georgia · 1903
- Carpenter v. SnowMichigan Supreme Court · 1898
- Chase National Bank v. Chicago Title & Trust Co.New York Supreme Court · 1934
5 more not listed; retrieve them via the Exa API.