Dutertre v. Shallenberger
Nevada Supreme Court
' Appeal from the District Court of the State of Nevada, Humboldt county. A. E. Cheney, District Judge. The facts are stated in the opinion. I. To bind or to affect appellant’s rights the findings should have shown that appellant had knowledge of respondent’s equities before appellant’s purchase. (McNeil v. Tenth National Bank, 46 N. Y. 329; Graff v. Middleton, 43 Cal. 341; 1 Storey’s Eq. Jur. 413.j II.
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' Appeal from the District Court of the State of Nevada, Humboldt county. A. E. Cheney, District Judge. The facts are stated in the opinion. I. To bind or to affect appellant’s rights the findings should have shown that appellant had knowledge of respondent’s equities before appellant’s purchase. (McNeil v. Tenth National Bank, 46 N. Y. 329; Graff v. Middleton, 43 Cal. 341; 1 Storey’s Eq. Jur. 413.j II. Respondent allowed almost six years to elapse without taking any steps to have the mistake in his deed rectified, and sets up his laches as a defense against appellant’s acknowleged legal…
1Opinion of the Court
By the Court,
Bigelow, J.:
Action of ejectment. Trial by the court and judgment for the defendant. The plaintiff is the owner of the legal title to the demanded premises, but the defendant sets up an equitable defense to the action founded upon a purchase by him from the plaintiff’s grantor, the payment of the purchase money, and possession and improvement for a number of years; of all of which, it is alleged, the plaintiff had full knowledge at the time of his purchase.
' It would appear that the answer sufficiently states an equitable defense, and we do not understand this to be seriously…
2Cases cited4 opinions
- Love v. WatkinsCalifornia Supreme Court · 1871
- Simpson v. HarrisNevada Supreme Court · 1893
- Welland v. WilliamsNevada Supreme Court · 1892
- Bowler v. CurlerNevada Supreme Court · 1891
3Cited by13 opinions
- Buchanan v. BuchananNevada Supreme Court · 1974
- Moore v. Rochester Weaver Mining Co.Nevada Supreme Court · 1918
- Pinkham v. PinkhamNebraska Supreme Court · 1900
- Krick v. KrickNevada Supreme Court · 1960
- State Ex Rel. Department of Highways v. PinsonNevada Supreme Court · 1949
8 more not listed; retrieve them via the Exa API.