Wilson v. Wilson
Nevada Supreme Court
Appeal from the District Court of the State of Nevada, Esmeralda counly; C. E. Mach, District Judge: Action by David Wilson against William Wilson, From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts sufficiently appear in the opinion.
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Appeal from the District Court of the State of Nevada, Esmeralda counly; C. E. Mach, District Judge: Action by David Wilson against William Wilson, From a judgment for plaintiff, and an order denying a new trial, defendant appeals. The facts sufficiently appear in the opinion. I. It is well established that a court of equity will never decree the specific performance of an agreement unless the plaintiff has no adequate remedy at law, and unless the agreement which it is sought to enforce is clearly and positively proven, and unless the plaintiff has been without fault on his part either in…
1Opinion of the Court
By the Court,
Belknap, J.:
This is a suit for the purpose of correcting a mistake in a deed.
The evidence upon the part of plaintiff tended to show that in the month of November, 1876, defendant agreed to sell his entire interest in the Wilson mining district, in this state, consisting of mines, milling property, water rights and wood lands, for the sum of $5,000. Plaintiff agreed to purchase the same, and in the course of time a deed was executed by the defendant. After the execution of the deed defendant declared in the presence of disinterested persons that he had sold his entire interest in…
2Cases cited2 opinions
- Botsford v. McLeanNew York Supreme Court · 1866
- McCabe v. GreyCalifornia Supreme Court · 1862
3Cited by17 opinions
- Sanguinetti v. StreckerNevada Supreme Court · 1978
- State ex rel. Nevada Title Guaranty & Trust Co. v. GrimesNevada Supreme Court · 1906
- Wainwright v. DunseathNevada Supreme Court · 1923
- Studebaker Bros. Co. of Utahv. WitcherNevada Supreme Court · 1921
- In Re Wilson's EstateNevada Supreme Court · 1936
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