Rose v. Treadway
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinions. I. The contract, under which defendant claims affirmative relief, contravenes neither law nor public policy, but is consonant to both. (Fleming v. Snow, 10 Iowa, 318.) The pre-emption statute never meant to say that pre-emptors could not make amicable arrangements of difficulties existing between them.
Read the full summary
Appeal from the District Court of the Second Judicial District, Ormsby County. The facts are stated in the opinions. I. The contract, under which defendant claims affirmative relief, contravenes neither law nor public policy, but is consonant to both. (Fleming v. Snow, 10 Iowa, 318.) The pre-emption statute never meant to say that pre-emptors could not make amicable arrangements of difficulties existing between them. And equity looks with favor upon all contracts and agreements that have for their aim the quieting of litigation. This is also the dictate of sound public policy. (See cases…
1Opinion of the Court
By the Court,
Whitman, J.
Defendant Treadway appeals from an order made in the District Court of the Second Judical District, overruling his motion for a new trial, and from the judgment of the Court against him.
The action was to recover fifteen acres of land, portion of a larger tract, claimed by plaintiff under a patent of the United States. Defendant in possession pleaded that he was entitled thereto, and to a deed from plaintiff, by virtue of an agreement that plaintiff should obtain title to the entirety from the Government of the United States, and thereafter deed to defendant the fifteen…
2Cases cited6 opinions
- Snow v. FlannerySupreme Court of Iowa · 1860
- Stephenson v. SmithSupreme Court of Missouri · 1842
- Williams v. TriplettSupreme Court of Iowa · 1856
- Groves' Heirs v. FulsomeSupreme Court of Missouri · 1852
- Pipe v. BatemanSupreme Court of Iowa · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Awada v. Shuffle Master, Inc.Nevada Supreme Court · 2007
- Treadway v. WilderNevada Supreme Court · 1872
- Hilton v. Second Judicial District Court ex rel. County of WashoeNevada Supreme Court · 1919
- Dixon v. PruettNevada Supreme Court · 1919
- Miles v. JohnsonUtah Supreme Court · 1899
2 more not listed; retrieve them via the Exa API.