Brown v. Waters
Nebraska Supreme Court
Appeal from the district court for Otoe county. ' It was a suit in equity, the plaintiff, Brown, alleging fraud on the part of Waters in the sale of certain personal property,.and praying that certain notes and mortgages given in payment of said property be canceled, and that said defendants, Waters and North, to whom it was alleged the notes of plaintiff to defendants were sold and assigned before due, be enjoined .from prosecuting any suit brought on said mortgages or the…
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Appeal from the district court for Otoe county. ' It was a suit in equity, the plaintiff, Brown, alleging fraud on the part of Waters in the sale of certain personal property,.and praying that certain notes and mortgages given in payment of said property be canceled, and that said defendants, Waters and North, to whom it was alleged the notes of plaintiff to defendants were sold and assigned before due, be enjoined .from prosecuting any suit brought on said mortgages or the notes secured thereby. The cause was referred to George W. Coveil to take proofs and find the facts. January 12, 1876,…
1Opinion of the CourtLake, J.
This is an appeal from Otoe county. The main question for consideration is whether upon the facts found by the referee under the pleadings the district court was right in denying the relief prayed.
This case was commenced on the second of December, 1872, and in effect its object was the rescission of a contract made on the twenty-first of May of that year, by which the defendant Waters sold and transferred to the plaintiff, and one Eoberts, what was known as the Chronicle printing establishment, including the press, types, subscription list, etc., for the agreed price of six thousand dollars.…
2Cases cited1 opinion
- Lindsley v. . FergusonNew York Court of Appeals · 1872
3Cited by6 opinions
- American Building & Loan Ass'n v. RainboltNebraska Supreme Court · 1896
- Building & Loan Ass'n v. CameronNebraska Supreme Court · 1896
- Gallagher v. O'NeillNebraska Supreme Court · 1907
- Aron v. Mid-Continent Co.Nebraska Supreme Court · 1942
- Jones v. WesselNebraska Supreme Court · 1894
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