Wylie v. Charlton
Nebraska Supreme Court
Appeal from the district court of Buffalo county. Heard below before Holcomb, J. The opinion .contains a statement of the cases. Equity protects a parol gift of land, if accompanied by possession, where the donee, induced by the promise to give it, has made valuable improvements. (Dawson v. McFaddin, 22 Neb., 131; Ford v. Steele, 31 Neb., 521; Brown v. Sutton, 129 U. S., 238.) Reasonable certainty is all that is required in proving a parol gift.
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Appeal from the district court of Buffalo county. Heard below before Holcomb, J. The opinion .contains a statement of the cases. Equity protects a parol gift of land, if accompanied by possession, where the donee, induced by the promise to give it, has made valuable improvements. (Dawson v. McFaddin, 22 Neb., 131; Ford v. Steele, 31 Neb., 521; Brown v. Sutton, 129 U. S., 238.) Reasonable certainty is all that is required in proving a parol gift. (Neale v. Neales, 9 Wall. [U. S.], 1.) The plaintiff) James W. Wylie, established the making of such a contract with a part performance that he was…
1Opinion of the Court
Irvine, C.
These two cases are based on separate records, but they present the same state of facts and were apparently tried •together, under a stipulation which provides that the evidence taken in one shall be considered in the other, with the exception of the evidence of James W. Wylie. They are founded on the same contract and, while presenting some *843points of difference, are in so far identical that one opinion treating both cases will economize space and, perhaps, best present the questions involved. One case was begun by-James W. Wylie, and the other by Emma Wylie, his wife; that by James…
2Cases cited12 opinions
- Brown v. SuttonSupreme Court of the United States · 1889
- Wormley v. HamburgSupreme Court of Iowa · 1874
- Butler v. FitzgeraldNebraska Supreme Court · 1895
- S. H. Ransom & Co. v. SchmelaNebraska Supreme Court · 1882
- Ivers v. IversSupreme Court of Iowa · 1883
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3Cited by22 opinions
- Bevington v. BevingtonSupreme Court of Iowa · 1907
- Kroh v. HeinsNebraska Supreme Court · 1896
- Showalter v. SpangleWashington Supreme Court · 1916
- Heuer v. HeuerNorth Dakota Supreme Court · 1934
- Ellis v. NilsonNebraska Supreme Court · 1934
17 more not listed; retrieve them via the Exa API.