Donovan v. Kloke
Nebraska Supreme Court
• Appeal from the district court for Cuming- county. Tried below before Savage, J. The opinion states the facts in the case. The admission of the testimony to show the error in the entry, is incompetent and irrelevant. Where contracts have an ascertained and fixed meaning, the acts of the parties under which the contracts are made are inadmissible. Giles v. Gomstoch, 4 N. Y., 270. 1 Best on Ev., 223, and citations.
Read the full summary
• Appeal from the district court for Cuming- county. Tried below before Savage, J. The opinion states the facts in the case. The admission of the testimony to show the error in the entry, is incompetent and irrelevant. Where contracts have an ascertained and fixed meaning, the acts of the parties under which the contracts are made are inadmissible. Giles v. Gomstoch, 4 N. Y., 270. 1 Best on Ev., 223, and citations. Recitals in a deed are binding upon all claiming under the deed. Douglas v. Scott, 5 Ohio, 194. Denn v. Brewer, 1 N. J. L. (Coxe), 172. Insheep v. Shields, 4 Harr. (Del.), 345.…
1Opinion of the Court
Lake, Ch. J.
This is an appeal from a decree of the district court for Cuming county, perpetually enjoining the defendant and his successors in office from executing or delivering a tax deed for the north-east quarter of section one, township twenty-three, range seven east, in pursuance of a tax sale of the land, for taxes levied for the year 1872, and the main question presented for our decision is, whether this land was liable to taxation for that year.
Donovan purchased this land directly from the United States, by private entry, and it was of course subject to taxation as soon as the sale…
2Cases cited1 opinion
- Bellinger v. WhiteNebraska Supreme Court · 1877
3Cited by3 opinions
- Reynolds v. County of PlymouthSupreme Court of Iowa · 1880
- Graff v. AckermanNebraska Supreme Court · 1894
- Kohn v. BarrSupreme Court of Kansas · 1893