Reese v. Kinkead
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion of the Court. I. No fraud was pleaded. The mere recital of the statute of frauds is insufficient to justify the introduction of evidence as a predicate of fraud.
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Appeal from the District Court of the Second Judicial District, Washoe County. The facts are stated in the opinion of the Court. I. No fraud was pleaded. The mere recital of the statute of frauds is insufficient to justify the introduction of evidence as a predicate of fraud. The averment in the answer in the matter of fraud is, “ that said conveyance was not made for any good or valuable consideration, but with intent and for the express purpose to hinder, delay and defraud the creditors of Philip Reese,” which averment contains only the terms of the statute of frauds. The averment is the…
1Opinion of the Court
By the Court,
Leonard, C. J.:
This is an appeal from an order denying plaintiff’s motion for a new trial in an action to enforce an alleged- vendor’s lien. Defendant Kinkead is the executor of the last will and testament and estate of R. H. Crocker, deceased, the grantee mentioned in the deed of conveyance, and the other defendants are legatees and heirs at law of said Crocker, deceased, who Maim an interest in the real estate upon which the lien is claimed. In the answer it is alleged that “said conveyance was not made for any good or valuable consideration, but with intent and for the express…
2Cases cited1 opinion
- Crans v. . HunterNew York Court of Appeals · 1863
3Cited by18 opinions
- State v. GreenoMontana Supreme Court · 1959
- State v. YossMontana Supreme Court · 1965
- State v. WilletteMontana Supreme Court · 1912
- State v. GrayMontana Supreme Court · 1968
- State v. CatesMontana Supreme Court · 1934
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