Legal Opinion

Wagg v. Herbert

Supreme Court of the United States

Decided January 24, 1910No. 29PublishedCited by 15 opinions

APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. This- was a suit commenced on June 13,1903, in the District Court of Pawnee County, Oklahoma, by William H. Herbert and Mary B. Herbert, his wife, against a number of defendants, the principal one being Solomon R. Wagg, the appellant.

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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF OKLAHOMA. This- was a suit commenced on June 13,1903, in the District Court of Pawnee County, Oklahoma, by William H. Herbert and Mary B. Herbert, his wife, against a number of defendants, the principal one being Solomon R. Wagg, the appellant. The suit was one to have a certain conveyance, in form conveying the legal title to a tract of land from Mrs. Herbert to Wagg, adjudged void, as having been fraudulently obtained, and. to redeem the property from a prior mortgage lien. An outline of the transaction between the Herberts and Wagg is as…

1Opinion of the CourtJustice Brewer

The petition charged that the defendant Wagg was guilty of fraudulent, wrongful, oppressive and unjust conduct, and that through such conduct he obtained the deed of May 28, 1901. The trial court., as stated, found generally in plaintiff’s favor. The Supreme Court, in an elaborate opinion, in which it narrated fully the details of the transactions between these parties and the testimony' given on the hearing, closed its recital in these words:

“It must therefore follow, as'an irresistible cpnclusion, that the allegations in the petition, of fraud, oppression, undue influence, and inadequate…

2Cases cited1 opinion

  1. Russell v. SouthardSupreme Court of the United States · 1851

3Cited by15 opinions

  1. Herbert v. WaggSupreme Court of Oklahoma · 1910
  2. Stone v. WilliamsCourt of Appeals for the Second Circuit · 1989
  3. Stone v. WilliamsCourt of Appeals for the Second Circuit · 1989
  4. Sperry Gyroscope Co. v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1942
  5. Collier v. CarawayCourt of Appeals of Texas · 1940

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