Drexler v. Tyrrell
Nevada Supreme Court
Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the- opinion. I. The mortgage in ibis case was executed in the name of J. H. Latham for the purpose of defrauding the revenues of the State of Nevada. Upon this point there is no conflict of testimony, for Drexler’s own testimony shows that to have been the object. Such being the fact, the mortgage should be held to be void.
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Appeal from the District Court of the First Judicial District, Storey County. The facts are stated in the- opinion. I. The mortgage in ibis case was executed in the name of J. H. Latham for the purpose of defrauding the revenues of the State of Nevada. Upon this point there is no conflict of testimony, for Drexler’s own testimony shows that to have been the object. Such being the fact, the mortgage should be held to be void. (De Witt v. Brisbane, 16 N. Y. 508; Wheeler v. Bussell, 17 Mass. 258; 2 Chitty on Contracts (lltli ed.), 971-976, and notes; 4 D. & E. 466; 5 Id. 242; Bixby v. Moor, 51…
1Opinion of the Court
By the Court,
Leonard, J.:
Some time prior to May 6, 1876, the defendants purchased the property described in the complaint herein, situate in Virginia City, in this state, at which time there was a mortgage thereon for ten thousand dollars, owned in fact by L. P. Drexler & Co., brokers in Virginia City, although it does not appear with certainty in whose name said note and mortgage were taken.
On the twenty-fourth day of May, 1876, at plaintiff’s request, at Virginia City, defendants executed and delivered a new interest-bearing note, with mortgage upon the same property as security, to J. H.…
2Cases cited7 opinions
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- Dial v. HairSupreme Court of Alabama · 1851
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