Legal Opinion

Rhea v. Reynolds

Nebraska Supreme Court

Decided November 15, 1881PublishedCited by 2 opinions

Error to the district court for Butler county. Tried below before Post, J. The opinion states the case. 1. Having received a deed to tbe land from the plaintiff in error, tbe defendants are estopped to assert that she bad no title to convey in order to defeat a recovery on said note given for tbe purchase price of said lands.

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Error to the district court for Butler county. Tried below before Post, J. The opinion states the case. 1. Having received a deed to tbe land from the plaintiff in error, tbe defendants are estopped to assert that she bad no title to convey in order to defeat a recovery on said note given for tbe purchase price of said lands. Finclley v. Horner, 9 Neb., 537. Walker v. Sedgwick, 8 Cal., 398. Bigelow on Estoppel, 1st. ed. 414, 415. 2. The court should have given plaintiff judgment on tbe note. McNeady v. Hyde, 47 Cal., 481. Davis v. Lambertscn, 56 Barb., 480. Hudson v. Garryl, 44 N. Y., 553.…

1Opinion of the Court

Maxwell, Ch. J,

In the year 1879 Charles W. Reynolds made and delivered to the plaintiff a promissory note, of which the following is a copy:

“ Lincoln, Nebraska, October 14, 1879.

January 1st after date for value received, I promise to pay to the order of Rebecca A. Rhea, four hundred dollars, at State National Bank, with interest at ten peícent. per annum from maturity until paid, together with a sum equal to ten per cent, of said amount as attorneys fee if action is brought on this note, or on the mortgage given to secure the same, or if the same is not paid when due. Charles W. Reynolds.”

It…

2Cases cited3 opinions

  1. Stevens v. ChadwickSupreme Court of Kansas · 1872
  2. Edminster v. HigginsNebraska Supreme Court · 1877
  3. Johnson v. PhiferNebraska Supreme Court · 1877

3Cited by2 opinions

  1. Birdsall v. CropseyNebraska Supreme Court · 1890
  2. State ex rel. Sorensen v. Farmers State BankNebraska Supreme Court · 1931

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