Legal Opinion

Burrows v. Hovland

Nebraska Supreme Court

Decided May 2, 1894No. 5360PublishedCited by 3 opinions

Appeal from the district court of Madison county. Heard below before Powers, J. The commissioner stated the facts in the opinion. The assignment, to be valid, must be indorsed on the contract.

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Appeal from the district court of Madison county. Heard below before Powers, J. The commissioner stated the facts in the opinion. The assignment, to be valid, must be indorsed on the contract. (Shuman v. Willets, 17 Neb., 482; MoCraney v. Griffin, 13 la., 313; Emerick v. Clemens, 26 la., 332; Green v. Day, 31 la., 328.) In case of a doubtful and ambiguous law, the contemporaneous construction of those who have been called on to carry it into effect is entitled to great respect. Such construction is not to be overruled without urgent and cogent reasons. (Hahn v. United States, 107 U. S., 402;…

1Opinion of the Court

Ragan, C.

On the 9th day of April, 1883, the state of Nebraska sold the southeast quarter of section 16, township 21 north, and range 4 west of the 6th P. M., in Madison county, to George B. Hovland, and executed and delivered to him a contract for a deed. On the 1st day of May, 1888, Hovland, by a writing duly signed, witnessed, and acknowledged by him, assigned the contract to one C. B. Burrows to secure the payment of some money then owing the latter by Hovland. This assignment was not on the state contract, nor was the latter delivered to Burrows. The assignment made by Hovland to Burrows…

2Cases cited5 opinions

  1. Webster v. NicholsIllinois Supreme Court · 1882
  2. Willoughby v. LawrenceIllinois Supreme Court · 1886
  3. Dorsey v. HallNebraska Supreme Court · 1878
  4. Scharman v. ScharmanNebraska Supreme Court · 1893
  5. County of Richardson v. FrederickNebraska Supreme Court · 1888

3Cited by3 opinions

  1. O'Neill Production Credit Ass'n v. MitchellNebraska Supreme Court · 1981
  2. Badger Lumber Co. v. ParkerSupreme Court of Kansas · 1911
  3. Grandjean v. BeylNebraska Supreme Court · 1907

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