Moseley v. Chicago, Burlington & Quincy Railroad
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Holmes, J. The remedy is by rescission of the conveyance and compensation for the property taken and the injury done. (Burk v. Bowles, 69 Ind.' 1; Kerr, Fraud & Mistake [Bump’s ed.] 339; Blanchard v. Detroit, L. A L. M. R. Co., 31 Mich. 44.) The judgment must be reversed, though plaintiffs are not entitled to rescission, and the remedy be at law.
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Appeal from the district court of Lancaster county. Heard below before Holmes, J. The remedy is by rescission of the conveyance and compensation for the property taken and the injury done. (Burk v. Bowles, 69 Ind.' 1; Kerr, Fraud & Mistake [Bump’s ed.] 339; Blanchard v. Detroit, L. A L. M. R. Co., 31 Mich. 44.) The judgment must be reversed, though plaintiffs are not entitled to rescission, and the remedy be at law. (Gregory v. Lancaster County Bank, 16 Neb. 411; Harral v. Cray, 10 Neb. 186; Williams v. Lotoe, 4 Neb. 394; Corn-stock v. Michael, 17 Neb. 228; Keens v. Caslin, 24 Neb. 315;…
1Opinion of the CourtSullivan, J.
August 28, 1894, Daniel W. Moseley, James Kilburn, and Sophronia Lane brought this action against the Ohi*638cago, Burlington & Quincy Railroad. Company, alleging in their petition that they were in 1890, and still are, the owners in fee simple of the southwest quarter and the west half of the southeast quarter of section 14, in township 10 north, range 6 east of the sixth P. M., in Lancaster county; that the defendant, having in contemplation the construction of a railroad between Havelock and West Lincoln, as part of a projected belt line for the city of Lincoln, obtained from the plaintiffs,…
2Cases cited13 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SmithIllinois Supreme Court · 1884
- Fremont, Elkhorn & Missouri Valley Railroad v. HarlinNebraska Supreme Court · 1897
- Gulf, Colorado & Santa Fe Railway Co. v. RichardsTexas Supreme Court · 1892
- McKeighan v. HopkinsNebraska Supreme Court · 1883
- Roberts v. SwearingenNebraska Supreme Court · 1879
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3Cited by3 opinions
- Harper v. Virginian Railway Co.West Virginia Supreme Court · 1915
- Morearty v. City of McCookNebraska Supreme Court · 1929
- Stewart v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1899