Evans v. Lee
Nevada Supreme Court
Appeal from tbe District Court of. tbe Second Judicial District, Washoe County. Tbe facts are sufficiently stated in tbe opinion of tbe court. From tbe facts, as found by tbe court, it is clear that as to lot one there is a ratification of tbe parol contract of sale, and as tbe possession and valuable permanent improvements take tbe case out of tbe statute of frauds, tbe defendant should recover lot one. As to lot two, tbe findings are equally specific.
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Appeal from tbe District Court of. tbe Second Judicial District, Washoe County. Tbe facts are sufficiently stated in tbe opinion of tbe court. From tbe facts, as found by tbe court, it is clear that as to lot one there is a ratification of tbe parol contract of sale, and as tbe possession and valuable permanent improvements take tbe case out of tbe statute of frauds, tbe defendant should recover lot one. As to lot two, tbe findings are equally specific. If as to lot two there was a taking of possession and making of valuable improvements in pursuance of tbe parol contract, then such…
1Opinion of the Court
By the Court,
Hawley, C. J.:
This is an action of ejectment brought to recover thepossession of two small tracts of land, designated as lots numbers one and two (containing eighteen acres, more or less), being a portion of the land which plaintiff purchased on the twelfth day of November, a.d. 1873, by sale made under a mortgage executed by the Nevada Land and Mining Company, limited, on the twenty-ninth day of March, a.d. 1870, and recorded on the fourteenth day of July, a.d. 1870. Lot one contains about four acres.
The defendant claims the land in dispute under an alleged parol contract from…
2Cases cited5 opinions
- Colson v. ThompsonSupreme Court of the United States · 1817
- Longworth v. TaylorU.S. Circuit Court for the District of Ohio · 1838
- Allen v. WebbIllinois Supreme Court · 1872
- Evans v. LeeNevada Supreme Court · 1876
- Foster v. KimmonsSupreme Court of Missouri · 1874
3Cited by16 opinions
- Summa Corp. v. GreenspunNevada Supreme Court · 1980
- Zunino v. ParamoreNevada Supreme Court · 1967
- Lipscomb v. NicholsSupreme Court of Colorado · 1882
- Schreiber v. SchreiberNevada Supreme Court · 1983
- Matter of Twin Lakes Village, Inc.United States Bankruptcy Court, D. Nevada · 1980
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