Nelson v. Lord
District Court, D. Alaska
This is an action to declare a trust in real estate and for an accounting. Plaintiff alleges, among other things, that on the 12th day of January, 1905, the defendant Lord and himself entered into a contract, whereby the defendant, in consideration of the delivery on the part of the plaintiff to said Lord of a prospecting boiler and pipes and hose necessary to the working and operation thereof, agreed to make, execute, and deliver a deed conveying to the plaintiff of an…
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This is an action to declare a trust in real estate and for an accounting. Plaintiff alleges, among other things, that on the 12th day of January, 1905, the defendant Lord and himself entered into a contract, whereby the defendant, in consideration of the delivery on the part of the plaintiff to said Lord of a prospecting boiler and pipes and hose necessary to the working and operation thereof, agreed to make, execute, and deliver a deed conveying to the plaintiff of an undivided one-fifth interest in and to any one of the three following placer mining claims, situate on Cleary creek, in the…
1Opinion of the Court
LYONS, District Judge.
In arriving at a conclusion as to the rights of the parties under the pleadings and evidence herein, the questions involved may be reasonably discussed under four distinct heads: First, did the plaintiff furnish and deliver to the defendant Lord such a prospecting boiler as is contemplated by the contract; second, is the contract between the plaintiff and the defendant Lord executed with such for*177malities as to entitle it to record, and, when recorded, did it impart constructive notice to the world of its existence; third, did the defendant Howell have actual knowledge of…
2Cases cited13 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Speidel v. HenriciSupreme Court of the United States · 1887
- Patterson v. HewittSupreme Court of the United States · 1904
- Hayward v. National BankSupreme Court of the United States · 1878
- Fogarty v. FinlayCalifornia Supreme Court · 1858
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Egan v. HammondAlaska Supreme Court · 1972
- Egan v. HammondAlaska Supreme Court · 1972
- H.A.M.S. Co. v. Electrical Contractors of Alaska, Inc.Alaska Supreme Court · 1977
- H.A.M.S. Co. v. Electrical Contractors of Alaska, Inc.Alaska Supreme Court · 1977