Arnold v. Baker
Nebraska Supreme Court
This was au appeal from Platte county. The cause was heard below before Post, J., on demurrer to the petition, and judgment rendered against the plaintiff. The facts necessary to an understanding of the case are stated in the opiidon. S. S. McAlister, for appellant, cited 3 "Washburn Real Property, 273. 1 Greenleaf Ev., Sec. 265. 6 Hill, 469. 4 Scam., 452.
1Opinion of the CourtMaxwell, J.
This is a suit in equity for the rescission of a contract on the ground of fraud. Thepetition alleges that “the defendant falsely and fraudulently stated and represented to the plaintiff that after the plaintiff had left said mining district (on Dead wood creek, Dakota Territory) that he had ‘jumped’ and taken the claim aforesaid, whereby he was at that time the lawful' owner thereof, according to the mining laws of said district, all of which statements and representations were false, fraudulent and untrue, in this, to wit: That the said defendant was not at any time the lawful-owner of said…
2Cases cited1 opinion
- Stewart v. CarterNebraska Supreme Court · 1876
3Cited by6 opinions
- Johnston v. SpencerNebraska Supreme Court · 1897
- Staley v. HouselNebraska Supreme Court · 1892
- Preferred Pictures Corp. v. ThompsonNebraska Supreme Court · 1960
- Kemper, Hundley & McDonald Dry Goods Co. v. F. D. Renshaw & Co.Nebraska Supreme Court · 1899
- Tepoel v. Saunders County National BankNebraska Supreme Court · 1888
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