Williams v. Neely
Court of Appeals for the Eighth Circuit
Appeal from the Circuit Court of the United States for the District of Nebraska. This is an appeal from a decree which dismissed a bill in equity exhibited by the complainants below, Joseph A. Williams and Annie Williams, to enjoin the prosecution of an action at law which the defendant Richard M. Neely had brought against them in the court below to enforce the payment of their promissory note for $3,500, dated March 1, 1893, and due March 1, 1898, and to obtain a decree…
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Appeal from the Circuit Court of the United States for the District of Nebraska. This is an appeal from a decree which dismissed a bill in equity exhibited by the complainants below, Joseph A. Williams and Annie Williams, to enjoin the prosecution of an action at law which the defendant Richard M. Neely had brought against them in the court below to enforce the payment of their promissory note for $3,500, dated March 1, 1893, and due March 1, 1898, and to obtain a decree adjudicating the claims of the defendants in this suit to three quarter sections of land in the state of Nebraska. The…
1DissentHook, Circuit Judge
The facts in this case— some admitted, and the others established by the overwhelming weight of the evidence — are as follows: Through the will of her father and a deed from a co-devisee, Annie H. Neely became the owner of a tract of land, subject to a mortgage given by the testator in his lifetime, and to two annuities which he bequeathed. The mortgage was the prior lien. Mrs. Neely was an executrix of the will. Richard M. Neely, an appellee herein, is her son. Acting as the agent of his mother, he made a contract .with Williams for the sale of the land for $6,000, $500 of which was paid at…
2Cases cited8 opinions
- Murray v. LardnerSupreme Court of the United States · 1865
- Hotchkiss v. National BanksSupreme Court of the United States · 1875
- Miller v. OttawayMichigan Supreme Court · 1890
- United States National Bank v. FlossOregon Supreme Court · 1900
- Rublee v. DavisNebraska Supreme Court · 1892
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