Legal Opinion

Wilson v. Higbee

U.S. Circuit Court for the District of Nevada

Decided July 2, 1894No. 566PublishedCited by 8 opinions

Action for damages for deceit by Wilson against Etigbee. Judgment for plaintiff.

1Opinion of the CourtHawley, District Judge

(orally). This is an action at law to recover damages for false representations, deceit, and fraud in the sale of land. It was commenced in the state court, and from thence removed, by the petition of defendant, on the ground of diverse citizenship of the parties, and was tried in this court without a jury.

The testimony shows that on the 26th of September, 1887, the defendant made, executed, and delivered to plaintiff a quitclaim deed of 92.12 acres of land, with the appurtenances. This deed, among other things, contained the following proviso, viz.:

“Provided always, nevertheless, and it is…

2Cases cited19 opinions

  1. Phillips Walsh v. . Rufus D. HallSupreme Court of North Carolina · 1872
  2. Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
  3. French v. . CarhartNew York Court of Appeals · 1847
  4. Bridger v. . PiersonNew York Court of Appeals · 1871
  5. David v. ParkMassachusetts Supreme Judicial Court · 1870

14 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hough v. PorterOregon Supreme Court · 1909
  2. Eichelberger v. Mills Land & Water Co.California Court of Appeal · 1908
  3. Lewis v. WinslowSupreme Court of Colorado · 1925
  4. Mt. Hope Nurseries Co. v. JacksonSupreme Court of Oklahoma · 1912
  5. Whittemore v. WilkinsSupreme Court of Colorado · 1925

3 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API