Missouri Valley Land Co. v. Bushnell
Nebraska Supreme Court
Appeal from Washington county. One Blair contracted to sell one Bushneli certain lots, then assigned his interest to the S. C. & P. R. R. Co., appellee’s grantor. Bushneli, who was to make deferred payments and pay subsequent taxes, assigned his interest to Pollock. Action to collect deferred payments and taxes paid. Defendants demurred, and demurrer being overruled, answered. Decree for plaintiffs and sale ordered, from which defendants appeal.
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Appeal from Washington county. One Blair contracted to sell one Bushneli certain lots, then assigned his interest to the S. C. & P. R. R. Co., appellee’s grantor. Bushneli, who was to make deferred payments and pay subsequent taxes, assigned his interest to Pollock. Action to collect deferred payments and taxes paid. Defendants demurred, and demurrer being overruled, answered. Decree for plaintiffs and sale ordered, from which defendants appeal. Tried below before Savage, J. cited Q-en. Stat., secs. 74, 75, 81, 85, 95, and 97, chap.'XI. Id., 203. R. S., 1866, chap. 43, sec. 63. cited Vose v.…
1Opinion of the CourtLake, J.
The first objection made by appellants’ counsel to the action of the district court is that “the demurrer to the amended petition asking a judgment for deficiency should have been sustained as to the defendant Pollock, he ^being only an assignee, and there being no privity of contract between him and the plaintiff”
*194To this objection it may be answered: first, that no such judgment is asked or rendered against the defendant Pollock; and second, that even if such had been the prayer of the petition, it would have been no ground of demurrer. A demurrer to a petition only lies to the statement of…
2Cases cited3 opinions
- Cowell v. Springs Co.Supreme Court of the United States · 1879
- Clark v. TennantNebraska Supreme Court · 1877
- Dunn v. GibsonNebraska Supreme Court · 1880
3Cited by21 opinions
- Burnham v. BennisonNebraska Supreme Court · 1931
- Nebraska Power Co. v. KoenigNebraska Supreme Court · 1913
- Hopkins v. RailroadTennessee Supreme Court · 1896
- American Building & Loan Ass'n v. RainboltNebraska Supreme Court · 1896
- Violet v. RoseNebraska Supreme Court · 1894
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