Conlee v. McDowell
Nebraska Supreme Court
Appeal from the district court of Gage county. Heard below before Weaver, J., the facts being as follows: Prior to February 1, 1879, the plaintiff owned and ivas in possession of lot 11, block 3, Beatrice. She had mortgaged the premises, a foreclosure had been had, and, pursuant to an agreement between her and Smith and Dunbar the latter bid off the premises, Smith furnishing the money.
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Appeal from the district court of Gage county. Heard below before Weaver, J., the facts being as follows: Prior to February 1, 1879, the plaintiff owned and ivas in possession of lot 11, block 3, Beatrice. She had mortgaged the premises, a foreclosure had been had, and, pursuant to an agreement between her and Smith and Dunbar the latter bid off the premises, Smith furnishing the money. A few days afterwards Dunbar conveyed to McDowell by quit-claim, McDowell giving his note to Smith for the amount Dunbar had bid for the premises, $336, and giving to Mrs. Conlee a bond for a deed. McDowell…
1Opinion of the Court
Lake, Ch. J.
The consideration of a single question discussed by counsel will dispose of this case. That question is, whether in view of the evidence the court below was justified in finding that the defendant Holmes purchased the lot in question with notice, either actual or constructive, of the plaintiff’s interest therein.
It seems that for a considerable time prior to the twenty-sixth of January, 1881, the defendant McDowell, under an arrangement with the plaintiff, held the legal title to the lot in trust for and to be conveyed to her upon the payment. *186by her of his note for three hundred…
2Cases cited5 opinions
- Dutton v. WarschauerCalifornia Supreme Court · 1863
- Landers v. BoltonCalifornia Supreme Court · 1864
- Smith v. DallCalifornia Supreme Court · 1859
- Burt v. BaldwinNebraska Supreme Court · 1879
- Pittman v. GatyIllinois Supreme Court · 1848
3Cited by4 opinions
- Randall v. LingwallOregon Supreme Court · 1903
- Mader v. KallosNebraska Supreme Court · 1985
- Smith v. MyersNebraska Supreme Court · 1898
- Ostergard v. NorkerNebraska Supreme Court · 1918