Buchanan v. Wise
Nebraska Supreme Court
Rehearing of ease reported 28 Neb., 310. A sufficient foundation was laid for the introduction of secondary evidence to prove the execution of the deed {Lee v. Bermingham, 30 Kan., 312; Johnson v. Mathews, 5 Id., 123, 124; Douglas v. Wolf, 6 Id., 92), and that the clerk of Pierce county was not within the jurisdiction of the court which tried this case.
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Rehearing of ease reported 28 Neb., 310. A sufficient foundation was laid for the introduction of secondary evidence to prove the execution of the deed {Lee v. Bermingham, 30 Kan., 312; Johnson v. Mathews, 5 Id., 123, 124; Douglas v. Wolf, 6 Id., 92), and that the clerk of Pierce county was not within the jurisdiction of the court which tried this case. (McNiehols v. Wilson, 42 la., 385.) If an inspection of the whole instrument will enable the place where the acknowledgment was taken to-be ascertained, it is sufficient. (1 Devlin, Deeds, sep. 482; Brooks v. Chaplin, 23 Am. Dec. [Yt.], 209;…
1Opinion of the CourtPost, J.
This ease was before the court at the September, 1889, term, when judgment was entered reversing the decree of the district court of Cuming county in favor of appellee. (See 28 Neb., 312.) Subsequently a rehearing was allowed and the case again submitted for our consideration.
The facts essential to a determination of the questions presented on the rehearing are fully set out in the opinion *698of the court cited above. It is not necessary at this time to consider all of the questions argued on the first hearing, since there are but two propositions to which prominence is given in the brief of…
2Cases cited4 opinions
- Patterson v. Wabash, St. Louis & Pacific Railway Co.Michigan Supreme Court · 1884
- Myers v. BealerNebraska Supreme Court · 1890
- Bronner v. . FrauenthalNew York Court of Appeals · 1867
- Buchanan v. WiseNebraska Supreme Court · 1889
3Cited by1 opinion
- Baldwin v. BurtNebraska Supreme Court · 1895