Price v. Ward
Nevada Supreme Court
Appeal from the Second Judicial District Court, Washoe County; B. F. Curler, Judge. Action by Albert F. Price, as Administrator of the Estate of William E. Price, Deceased, against M. E. Ward. From an order sustaining a demurrer to the complaint, and the judgment rendered thereon, plaintiff appeals. The facts sufficiently appear in the opinion.
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Appeal from the Second Judicial District Court, Washoe County; B. F. Curler, Judge. Action by Albert F. Price, as Administrator of the Estate of William E. Price, Deceased, against M. E. Ward. From an order sustaining a demurrer to the complaint, and the judgment rendered thereon, plaintiff appeals. The facts sufficiently appear in the opinion. Defendant is a mortgagee in possession, and being a mortgagee in possession he must account for all waste or destruction committed by him while in possession. (Givens v. McCalmont, 4 Watts, 460; Daniel v. Colcer, 70 Ala. 260; Guthrie v. Kahle,AS Pa.…
1Opinion of the Court
By the Court,
Massey, J.:
The complaint in this action consists of two counts.
By the first count the appellant, as administrator of the estate of William Price, deceased (appointed as such by a probate court of this state), seeks by a decree in equity to have a deed absolute on its face to lands in the State of California declared a mortgage, to redeem said lands from the same by setting off against the debt secured thereby damages in waste committed by the respondent in possession thereof as mortgagee after the death of the intestate, the mortgagor, and for a judgment over for the balance of…
2Cases cited10 opinions
- Deery v. CraySupreme Court of the United States · 1867
- Stacy v. Thrasher Ex Rel. SellersSupreme Court of the United States · 1848
- Davenport v. MagoonOregon Supreme Court · 1884
- State v. WheelerNevada Supreme Court · 1896
- M'Cormick v. DigbyIndiana Supreme Court · 1846
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3Cited by9 opinions
- Wren v. DixonNevada Supreme Court · 1916
- Dahlquist v. MattsonIdaho Supreme Court · 1925
- Bowen v. WillardSupreme Court of Minnesota · 1938
- Quick Catering Co. v. General Motors Acceptance Corp. (In Re Quick Catering Co.)United States Bankruptcy Court, D. Nevada · 1981
- Skipper v. DavisCourt of Appeals of Texas · 1932
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