Robinson v. Kind
Nevada Supreme Court
Appeal from the Third Judicial District Court, Eureka County; A. L. Fitzgerald, Judge. Action by Irene M. Robinson against Henry Kind and Eugene Howell. From a judgment for plaintiff, and an order denying a motion for a new trial, defendants appeal. The facts sufficiently appear in the opinion.
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Appeal from the Third Judicial District Court, Eureka County; A. L. Fitzgerald, Judge. Action by Irene M. Robinson against Henry Kind and Eugene Howell. From a judgment for plaintiff, and an order denying a motion for a new trial, defendants appeal. The facts sufficiently appear in the opinion. I. On the____day of July, 1899, and before the transcript on appeal had been filed, counsel for respondent moved the court to dismiss the appeal upon several grounds, viz.: Because the transcript was not filed in time. Counsel did not offer in support of this ground the certificate of the clerk…
1Opinion
UPON PETITION FOR REHEARING.
By the Court,
Massey, J.:
The respondent, in her petition for rehearing, argues, in effect, that a conveyance by a person non compos mentis is void, and not merely voidable; and that, when the incompetency of the grantor is shown, nothing remains for the court to do except to decree the nullity of the conveyance without regard to the equities of the other parties thereto. Respondent’s complaint was not drawn, the cause was not tried, and was not presented to this court upon this theory of the law.
It is not necessary to repeat again the issues made, and the evidence…
2Cases cited6 opinions
- Gribben v. MaxwellSupreme Court of Kansas · 1885
- Fay v. BurdittIndiana Supreme Court · 1881
- Pearson v. CoxTexas Supreme Court · 1888
- Copenrath v. KienbyIndiana Supreme Court · 1882
- Canfield v. FairbanksNew York Supreme Court · 1872
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