Legal Opinion

Cain v. Killian

Nebraska Supreme Court

Decided July 18, 1952No. 33160PublishedCited by 8 opinions

1Opinion of the CourtSimmons, C. J.

This is an action to set aside a deed; to quiet title to land as against the cloud of a deed; and to secure an accounting of rents and profits. The trial court found for defendant. Plaintiffs appeal. We affirm the judgment of the trial court.

Plaintiffs are brothers, a sister, and a niece of defendant. They are sons, a daughter, and a granddaughter of the grantor of the deed in question. Defendant grantee is a daughter of grantor.

Plaintiffs brought this action against defendant alleging undue influence, lack of consideration, lack of execution, and other defects in the deed. Plaintiffs took…

2Cases cited4 opinions

  1. Kipf v. BitnerNebraska Supreme Court · 1948
  2. Kellner v. WhaleyNebraska Supreme Court · 1947
  3. Cerveny v. CervenyNebraska Supreme Court · 1951
  4. Maddox v. MaddoxNebraska Supreme Court · 1949

3Cited by8 opinions

  1. People v. HawthorneMichigan Court of Appeals · 2005
  2. Spencer v. SpencerNebraska Supreme Court · 1954
  3. Hipsley v. HipsleyNebraska Supreme Court · 1956
  4. Cary v. ArmbrustNebraska Supreme Court · 1955
  5. In re the Estate of ColbyNew York Surrogate's Court · 2001

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