Legal Opinion

Lausman v. Drahos

Nebraska Supreme Court

Decided November 15, 1881Published

Appeal by plaintiff from Cuming county. Heard ■ below, before Barnes, J., and petition dismissed. The case is stated in the opinion. 1. The decision in 10 Neb., 172, is conclusive so far as the allegations against Sonnenschein are concerned. 2. As to averments against Drahos and Sonnenschein .charging fraud, etc,, see Kueh v. Sandford, 1 Leading Cases, 48. Story’s Equity, 807 to 312, Taglor v, Taylor,, 8 How., 200, The collusion of Drahos and Sonnenschein under the said…

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Appeal by plaintiff from Cuming county. Heard ■ below, before Barnes, J., and petition dismissed. The case is stated in the opinion. 1. The decision in 10 Neb., 172, is conclusive so far as the allegations against Sonnenschein are concerned. 2. As to averments against Drahos and Sonnenschein .charging fraud, etc,, see Kueh v. Sandford, 1 Leading Cases, 48. Story’s Equity, 807 to 312, Taglor v, Taylor,, 8 How., 200, The collusion of Drahos and Sonnenschein under the said scheme'to defraud the plaintiff out of said premises, makes the act of either, in furtherance of said fraud, the act of the…

1Opinion of the CourtCobb, J.

This is the third time that this case has been before this court. See 8 Neb., 457, and 10 Id., 172. But in order to a proper understanding of the point now presented to the court, it should be stated, in addition to the facts recited in the two opinions above referred to, that the plaintiff claims the premises which are the subject matter of the suit, under and by virtue of the will of her deceased husband. The following is a copy of that part of the petition in which she sets out her title.

“5. That prior to his death said Anton* Merick made his last will and testament, to-wit: on the 29th…

2Cases cited1 opinion

  1. Lausman v. DrahosNebraska Supreme Court · 1879

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