Virgin v. Brubaker
Nevada Supreme Court
Appeal from the District Court of the Second Judicial District, Douglas County. The suit was originally commenced by Samuel Singleton against-George W. Brubaker and wife.
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Appeal from the District Court of the Second Judicial District, Douglas County. The suit was originally commenced by Samuel Singleton against-George W. Brubaker and wife. After the filing of the petition of White and Chase, to be allowed to intervene, and the answer to it by Singleton, D. W. Virgin, the appellant, filed a motion to be substituted as plaintiff, based upon his affidavit-that he was the owner of the note and mortgage, and of all the interest in the action theretofore claimed by Singleton, and the only real party in interest as plaintiff in the action. From the briefs of counsel…
1Opinion of the Court
By the Court,
Beatty, C. J.
• In the month of March, 1865, Samuel Singleton executed to G. W. Brubaker a bond, by which he bound himself, at the expiration of five months, to make a deed to the obligee of a certain *35lot in the town of Genoa, upon the obligee’s paying therefor the sum of four hundred dollars, with interest, etc.
After the execution of this bond for a deed, Brubaker entered into possession of the premises described, and commenced the erection of a hotel thereon. White & Chase furnished him with lumber to the amount of one thousand- dollars or more, and for an unpaid balance of some…
2Cited by6 opinions
- Crary v. KurtzSupreme Court of Iowa · 1906
- Pacific Spruce Corp. v. Oregon Portland Cement Co.Oregon Supreme Court · 1930
- Smith v. HarringtonWyoming Supreme Court · 1891
- Nome & Sinook Co. v. Ames Mercantile Co.Court of Appeals for the Ninth Circuit · 1911
- Thomas v. PalmerNevada Supreme Court · 1926
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