Legal Opinion

Dailey v. Kinsler

Nebraska Supreme Court

Decided February 10, 1891PublishedCited by 9 opinions

Appeal from the district court for Douglas county* Heard below before Wake ley, J. The statute of frauds can be pleaded only by parties and privies. (Richards v. Cunningham, 10 Neb., 420; Hansen v. Berthelsen, 19 Id., 441.) Notice must be alleged. (LarCe v. Krehle, 22 la., 406; Clapp v. Cedar Co., 5 Id., 58; TJther v. Rich, 37 Eng. C. L., 784; Fitch v. Jones, 85 Id., 238; Bailey v. Bidwell, 13 M. & W. [Eng.], 73; Hancoch v. Hale, 17 Fla., 808; Langdell, Eq.

Read the full summary

Appeal from the district court for Douglas county* Heard below before Wake ley, J. The statute of frauds can be pleaded only by parties and privies. (Richards v. Cunningham, 10 Neb., 420; Hansen v. Berthelsen, 19 Id., 441.) Notice must be alleged. (LarCe v. Krehle, 22 la., 406; Clapp v. Cedar Co., 5 Id., 58; TJther v. Rich, 37 Eng. C. L., 784; Fitch v. Jones, 85 Id., 238; Bailey v. Bidwell, 13 M. & W. [Eng.], 73; Hancoch v. Hale, 17 Fla., 808; Langdell, Eq. PI., sec. 185; Bigelow, Fraud, 130.) The warranty deed to Feeney cannot be defeated by parol proof of an express trust. (Shafter v.…

1Opinion of the CourtMaxwell, J.

On the 9th day of May, 1884, plaintiff filed his petition in the court below, in which he alleged, in substance, that on the 2d day of November, 1883, plaintiff was the owner in fee of the real estate described therein; that on or about said date the defendant, Catherine Kinsler, with the intention of defrauding the plaintiff, plied him with intoxicating liquors, and that while under the influence of said liquors she brought him a document to sign, fraudulently representing it to be a paper relating to an application of hers for a.pension from the United States government; that he signed said…

2Cases cited5 opinions

  1. Fairchild v. RasdallWisconsin Supreme Court · 1859
  2. Trask v. GreenMichigan Supreme Court · 1861
  3. Hansen v. BerthelsenNebraska Supreme Court · 1886
  4. Shafter v. HuntingtonMichigan Supreme Court · 1884
  5. Courvoirsier v. BouvierNebraska Supreme Court · 1873

3Cited by9 opinions

  1. Pollard v. McKenneyNebraska Supreme Court · 1903
  2. Koefoed v. ThompsonNebraska Supreme Court · 1905
  3. Schuster v. SchusterNebraska Supreme Court · 1909
  4. Halsted v. HalstedNebraska Supreme Court · 1959
  5. Thomas v. ChurchillNebraska Supreme Court · 1896

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API