McWilliams v. Bridges
Nebraska Supreme Court
Error to the district court for Lancaster county. It was an action upon a promissory note given by McWilliams, as principal, and Patten, as surety, to one Ira D. Bishop, and by him assigned to Bridges. The cause was tried before Pound, J., who rendered judgment in favor of Bridges, and McWilliams, the defendant there, brought the cause up by petition in error. The case shows that Daniel A. Bishop never had a homestead entry, neither was he ever a resident of this state.
Read the full summary
Error to the district court for Lancaster county. It was an action upon a promissory note given by McWilliams, as principal, and Patten, as surety, to one Ira D. Bishop, and by him assigned to Bridges. The cause was tried before Pound, J., who rendered judgment in favor of Bridges, and McWilliams, the defendant there, brought the cause up by petition in error. The case shows that Daniel A. Bishop never had a homestead entry, neither was he ever a resident of this state. It is, however, claimed that Daniel A Bishop was the owner of a homestead entry by reason of having purchased the homestead…
1Opinion of the CourtLake, J.
The evidence shows that the consideration for giving the promissory note in question, was the saie and surrender by Daniel A. Bishop of his unperfected homestead claim upon the public lands, together with the improvements thereon, consisting of a small dwelling house, or shanty, about twenty-five acres of breaking, and a lot of forest trees.
Previous to the purchase, McWilliams went upon the land, examined it, as he himself swears, and knew perfectly well the condition of the property he was purchasing. Indeed, it is not even alleged that any deception was practiced either by Bishop, or by his…
2Cases cited1 opinion
- Dawson v. MerrilleNebraska Supreme Court · 1873
3Cited by6 opinions
- Lincoln National Bank v. VirginNebraska Supreme Court · 1893
- Paxton Cattle Co. v. First National BankNebraska Supreme Court · 1887
- Seybold v. Grand Forks National BankNorth Dakota Supreme Court · 1896
- Coughran v. SundbackSouth Dakota Supreme Court · 1897
- Banister v. KentonMissouri Court of Appeals · 1891
1 more not listed; retrieve them via the Exa API.