Morgan v. Bergen
Nebraska Supreme Court
This-was an appeal from a decree dismissing plaintiff’s bill, brought into this court under the provisions of section 45, of the-chancery code of 1864. The cause was tried before Mr. Chief Justice Mason, sitting in the district court for Douglas county. Chief Justice Late having been of counsel in the court below, did not participate in the decision of the cause in this court.
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This-was an appeal from a decree dismissing plaintiff’s bill, brought into this court under the provisions of section 45, of the-chancery code of 1864. The cause was tried before Mr. Chief Justice Mason, sitting in the district court for Douglas county. Chief Justice Late having been of counsel in the court below, did not participate in the decision of the cause in this court. The facts are fully stated in the opinion of the court. submitted the following points: I. The decree of Judge Mason seems, in part, to be based on the fact, that George P. Bergen’s authority from his wife to sell the…
1Opinion of the CourtMaxwell, J.
This is a bill in chancery, filed .in the district court of Douglas county, on the 11th day of January, A. D., 1867, for the specific performance of an alleged contract for the sale of real estate in the city of Omaha.
The bill sets forth that on the 21st day of May, 1864, Mary, wife of Greorge P. Bergen, was seized in fee of lots one and two, in block two hundred and sixty-five, in the city of Omaha, and that she authorized her husband to *212sell the same; that on that day he contracted to sell the premises to Osa Ann, wife of Alexander W. Morgan, for $900, of which sum $200 was paid in cash,…
2Cases cited4 opinions
- Benedict v. LynchNew York Court of Chancery · 1815
- Wells v. SmithNew York Court of Chancery · 1837
- McWhorter v. McMahanNew York Court of Chancery · 1843
- Spencer v. FieldNew York Supreme Court · 1833
3Cited by26 opinions
- Bigler v. BakerNebraska Supreme Court · 1894
- Morrow v. JonesNebraska Supreme Court · 1894
- O'Shea v. RiceNebraska Supreme Court · 1896
- Codding v. MunsonNebraska Supreme Court · 1897
- Dodge ex rel. Dodge v. GalushaNebraska Supreme Court · 1949
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