Legal Opinion

Reinhart v. Hardesty

Nevada Supreme Court

Decided July 15, 1882No. 1109PublishedCited by 5 opinions

Appeal from the District Court -of the Seventh Judicial District, Elko County. The facts bearing upon .the question decided are sufficiently .•stated in the .opinion. L The statute is positive that all property not exempt may be levied upon under attachment. (Civil Pr. Act, secs. 127, 129, 219.) Under these sections a debtor can have no prop- II.

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Appeal from the District Court -of the Seventh Judicial District, Elko County. The facts bearing upon .the question decided are sufficiently .•stated in the .opinion. L The statute is positive that all property not exempt may be levied upon under attachment. (Civil Pr. Act, secs. 127, 129, 219.) Under these sections a debtor can have no prop- II. E. C. Hardesty’s interest in this agreement was valuable property not exempt from execution, and could certainly be attached in some manner. It must be admitted that such interest as be had was property “ not capable of manual delivery.” His right…

1Opinion of the Court

•By the Court,

Belknap, J.:

In the year 1878 one E. C. Hardesty sold and conveyed to *144Z. T. Hardesty, the defendant in-this-action, a traet of farming land. As part of the consideration of the purchase defendant agreed to cultivate* the land, and to-deliver to the grantee-stipulated portions, of the-crops-raised therein for several yearstben ensuing-.

■ Subsequently E. CL Hardesty made an assignment of' his. interest in the agreement to the plaintiffs, and they have-brought this action to recover damages- from, the defendant for his failure to deliver to them the portion of the crops, to- which,…

2Cases cited3 opinions

  1. Burke v. WhitcombSupreme Court of Vermont · 1841
  2. Maduel v. MousseauxSupreme Court of Louisiana · 1877
  3. Wilson v. WoodSupreme Judicial Court of Maine · 1852

3Cited by5 opinions

  1. Petri v. Sheriff of Washoe CountyNevada Supreme Court · 1971
  2. Linville v. ClarkNevada Supreme Court · 1908
  3. Margrave v. CraigNevada Supreme Court · 1976
  4. Potosi Zinc Co. v. MahoneyNevada Supreme Court · 1912
  5. Arnold v. Florence Goldfield Mining Co.Nevada Supreme Court · 1913

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