Cheney v. Bilby
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This suit was begun on the 2d day of December, 1892, by John S. Bilby, the appellee, against Prentiss D. Cheney, the appellant, and arises out of the following contract: ■ “This indenture, made this 2d- day of May, in the year of our Lord one thousand eight hundred and eighty-one, between Prentiss D. Cheney, of Jersey ville, Jersey county, Illinois, party of the first part, and John A. Wisherd,…
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Appeal from the Circuit Court of the United States for the District of Nebraska. This suit was begun on the 2d day of December, 1892, by John S. Bilby, the appellee, against Prentiss D. Cheney, the appellant, and arises out of the following contract: ■ “This indenture, made this 2d- day of May, in the year of our Lord one thousand eight hundred and eighty-one, between Prentiss D. Cheney, of Jersey ville, Jersey county, Illinois, party of the first part, and John A. Wisherd, of Nodaway county, Missouri, party of the second part, witnesseth: “That, in consideration of the stipulations herein…
1Opinion of the Court
CALDWELL, Circuit Judge,
titter slating the case as above, delivered ¡lie opinion of the court.
The transaction between Cheney and Wisherd was the very simple one of (lie sale by the former to the latter, mostly on credit, of a tract of wild land. As simple in itself as the transaction was, the written instrument expressing it is an extremely voluminous document, imposing on the purchaser numerous and unusual, stringent, and oppressive conditions, all of which are required to be “strictly and literally” performed by the purchaser, on pain of forfeiting tin' land, and all improvements, fixtures…
2Cases cited20 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Cheney v. LibbySupreme Court of the United States · 1890
- Furrer v. FerrisSupreme Court of the United States · 1892
- Ward v. SmithSupreme Court of the United States · 1869
- Stuart v. HaydenCourt of Appeals for the Eighth Circuit · 1895
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Murray v. O'BrienWashington Supreme Court · 1909
- Harris v. ClintonSupreme Court of Connecticut · 1955
- Cowart v. SingletarySupreme Court of Georgia · 1913
- Richmond v. Hog Creek Oil Co.Court of Appeals of Texas · 1920
- Giustina v. United StatesDistrict Court, D. Oregon · 1960
19 more not listed; retrieve them via the Exa API.