Legal Opinion

Oberlender v. Butcher

Nebraska Supreme Court

Decided February 4, 1903No. 12,439PublishedCited by 5 opinions

Appeal from the district court for Cedar county. Suit in equity to enforce a parol trust in certain real estate. Heard below before Grayes, J. Trust declared. NOTA BENE.

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Appeal from the district court for Cedar county. Suit in equity to enforce a parol trust in certain real estate. Heard below before Grayes, J. Trust declared. NOTA BENE. Maria J. Oberlender, as plaintiff, instituted this action October 6, 1900, and in her petition alleged that Joseph O. Butcher, her son, in the month of October, 1898, acting for and on behalf of herself, purchased certain lots in the village of Coleridge, Nebraska, for which he agreed on behalf of plaintiff to pay the sum of $1.48.50; that said Butcher, acting for the plaintiff, erected a house on said lots of the value of…

1Opinion of the Court

Lobingier, C.

This is a suit in equity to enforce an alleged parol trust in certain real estate claimed by plaintiff to have been purchased by her son as a home for her. At the time the alleged arrangement was first entered into, the son, Joseph O. Butcher, one of the appellants, had just attained his majority and had received from his father’s estate, through his guardian, the sum of $2,175 in cash. The ap-pellee, his mother, who after his father’s death had married a second time, was then living at Maryville, Missouri. It appears that. Joseph had decided to give his mother a portion of the…

2Cases cited3 opinions

  1. Reed v. ReedIllinois Supreme Court · 1890
  2. Logan v. JohnsonMississippi Supreme Court · 1894
  3. Pickler v. PicklerIllinois Supreme Court · 1899

3Cited by5 opinions

  1. Holmes v. TennantTexas Commission of Appeals · 1921
  2. Doll v. DollNebraska Supreme Court · 1914
  3. Harman v. FisherNebraska Supreme Court · 1912
  4. Kuhn v. KuhnSupreme Court of Kansas · 1920
  5. Estate of Snook, Superior Court of California, County of San Francisco1897

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