Dalton v. Dalton
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. The evidence shows a consideration for the deed made by McKay to appellant. A trust can not be shown by parol evidence. (2 Leading Cases in Eq. 670, 715.) To allow the defendant to attack the deed by parol evidence, would be clearly in contravention of the statute of frauds. (Wilkinson v. Willcinson, 2 Dev. Eq. 376; Morris v. Morris, 2 Bibb. 311; 2 Eq.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion. The evidence shows a consideration for the deed made by McKay to appellant. A trust can not be shown by parol evidence. (2 Leading Cases in Eq. 670, 715.) To allow the defendant to attack the deed by parol evidence, would be clearly in contravention of the statute of frauds. (Wilkinson v. Willcinson, 2 Dev. Eq. 376; Morris v. Morris, 2 Bibb. 311; 2 Eq. L. C. 716, 717; Hill on Trustees, 171; 2 St. Eq. J. 1199, note 1, to sec. 1199, 553.) I. The evidence in the record is…
1Opinion of the Court
By the Court,
Leonard, J.:
This action was brought to recover certain lands and a water right in connection therewith, upon the ground that respondent obtained from appellant the legal title thereto through fraud. The cause was tried by the court without a jury. Despondent recovered judgment in his favor.
Appellant moved for a new trial upon the grounds that the evidence did not justify the findings and decision of the court, and that they were against law. This appeal is taken from the order overruling that motion and from the judgment.
The findings of the court are as follows:
“1. On and prior…
2Cases cited7 opinions
- Millard v. HathawayCalifornia Supreme Court · 1865
- Grooms v. RustTexas Supreme Court · 1863
- Groff v. RohrerCourt of Appeals of Maryland · 1872
- Sherwood v. SissaNevada Supreme Court · 1870
- Jenison v. GravesIndiana Supreme Court · 1831
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Price v. SinnottNevada Supreme Court · 1969
- Chambers v. EmeryUtah Supreme Court · 1896
- Sanguinetti v. StreckerNevada Supreme Court · 1978
- Morrow v. MatthewIdaho Supreme Court · 1904
- Davidson v. StreeterNevada Supreme Court · 1951
16 more not listed; retrieve them via the Exa API.