Blake v. Chambers
Nebraska Supreme Court
Error from tbe district court of Nemaba County. Petition in equity to subject lots numbered nine, ten, and eleven, of tbe north-west quarter, and the sontb-west quarter of section three, town four, range fifteen east, and the north east quarter of section three, town four north, of range fifteen east, and the south-west quarter of the south-east quarter of section thirty-four, town five north, of range fifteen east, to the payment of a claim held by Alexander Blalce against…
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Error from tbe district court of Nemaba County. Petition in equity to subject lots numbered nine, ten, and eleven, of tbe north-west quarter, and the sontb-west quarter of section three, town four, range fifteen east, and the north east quarter of section three, town four north, of range fifteen east, and the south-west quarter of the south-east quarter of section thirty-four, town five north, of range fifteen east, to the payment of a claim held by Alexander Blalce against the estate of Willis Hill, deceased, of which Samuel A. Chambers was executor. The petition of plaintiff alleged that in…
1Opinion of the Court
Lake, Ch. J.
The defendant, by demurring to the petition, admits that all the material averments therein contained are true. Do the facts thus admitted entitle the plaintiff to the relief which he seeks?
As to the jurisdiction of the district court, over the subject matter of the action there is no doubt. That court is one of general jurisdiction, and its powers are ample, in all cases of fraud by executors or others holding a fiduciary relation, to compel the proper application of trust funds committed to their care.
The defendant, by his demurrer, admits that the real estate mentioned in the…
2Cases cited1 opinion
- Michoud v. GirodSupreme Court of the United States · 1846
3Cited by6 opinions
- Parker v. KuhnNebraska Supreme Court · 1887
- Filer v. StatzNebraska Supreme Court · 1944
- Edney v. BaumNebraska Supreme Court · 1903
- Frerichs v. FrerichsNebraska Supreme Court · 1930
- State ex rel. Nebraska State Bar Ass'n v. MertenNebraska Supreme Court · 1943
1 more not listed; retrieve them via the Exa API.