Legal Opinion

Cotton v. Gregory

Nebraska Supreme Court

Decided January 15, 1880PublishedCited by 4 opinions

Owen "W\ Cotton brought an action in the district court of Lancaster county against E. Mary Gregory, John S. Gregory, and others, alleging in his petition that in January, 1875, he owned certain lots in the city of Lincoln, and on the twentieth of February following, he and his wife executed their certain “ serowl” or writing, and delivered the same to McMurtry & Gregory to be the deed of Cotton and wife, and to be thereafter delivered to E. Mary Gregory, the grantee in said…

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Owen "W\ Cotton brought an action in the district court of Lancaster county against E. Mary Gregory, John S. Gregory, and others, alleging in his petition that in January, 1875, he owned certain lots in the city of Lincoln, and on the twentieth of February following, he and his wife executed their certain “ serowl” or writing, and delivered the same to McMurtry & Gregory to be the deed of Cotton and wife, and to be thereafter delivered to E. Mary Gregory, the grantee in said deed, solely and only upon the performance by the said E. Mary Gregory of the material and future condition of payment…

1Opinion of the CourtLake, J.

None of the evidence on which the referee based his findings of fact is before us, but as no question is made as to its sufficiency to support them, they must be taken as conclusive between the parties. The only subject of present inquiry, therefore, is whether, in view of the facts so found, the referee’s conclusions of law, and the decree of the district court thereon, can be sustained.

There can be no doubt, from the facts found by the *127referee, that the confidence reposed by the plaintiff in McMurtry and Gregory was much abused by them in dealing with his property intrusted to their…

2Cited by4 opinions

  1. Dixon v. Bristol Savings BankSupreme Court of Georgia · 1897
  2. Scroggin v. JohnstonNebraska Supreme Court · 1895
  3. McNulty v. McNultySupreme Court of Kansas · 1891
  4. Mosley v. Magnolia Petroleum Co.New Mexico Supreme Court · 1941

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