Legal Opinion

Maxwell v. Gregory

Nebraska Supreme Court

Decided December 9, 1897No. 7620PublishedCited by 1 opinion

Error from the district court of Douglas county. Tried below before Ferguson, J. The facts are stated in the opinion. A court of equity will allow a reasonable time to perfect a title, and when valid, in the absence of fraud, will compel the vendee to accept it.

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Error from the district court of Douglas county. Tried below before Ferguson, J. The facts are stated in the opinion. A court of equity will allow a reasonable time to perfect a title, and when valid, in the absence of fraud, will compel the vendee to accept it. (See Frost v. Brunson, 6 Yerg. [Tenn.], 35; Bryant v. McCollum, 4 íleisk. [Tenn.], 520; Elliott v. Blair, 5 Cold. [Tenn.], 193.) « Where the vendor is complainant it is not necessary for him to show that he was able to give a good title at the time of making the agreement to sell or at the time of the commencement of the suit. It will…

1Opinion of the Court

Ryan, C.

Frank L. Gregory filed his petition in the district court of Douglas county alleging that William J. Maxwell, pretending and representing himself to be the owner in fee of lot 3, block 21, in West Omaha, had sold said lot to said plaintiff and had entered into a written agreement with said plaintiff evidencing such sale. By the terms of this agreement, pleaded in the petition, Maxwell agreed to sell to Gregory the whole of the lot above described for the consideration of $1,500, of which consideration $500 was to be paid at the date of the delivery of the contract, which was June…

2Cases cited3 opinions

  1. Wright v. DickinsonMichigan Supreme Court · 1887
  2. Clark v. WeisIllinois Supreme Court · 1877
  3. Sully v. SchmittSuperior Court of Buffalo · 1890

3Cited by1 opinion

  1. Justice v. ButtonNebraska Supreme Court · 1911

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