Wright v. Davis
Nebraska Supreme Court
Appeal from the district court for Douglas county. Heard below before Wakeley, J. cited, on the question of the statute of limitations: Clew v. Traer, 57 la., 459 ; 115 U. S., 528 ; Laird v. Kilbourne, 70 Id., 83; ParJcer v. Kuhn, 21 Neb., 413; O’ Dell v. Burnham, 21 Wis., 562; Martin v. Smith, 1 Dill. [U. S.], 85. The only fact that appellant claims to have learned, which would take this case out of the statute, was as to the nature of the transfer to and by Mrs. Davis.
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Appeal from the district court for Douglas county. Heard below before Wakeley, J. cited, on the question of the statute of limitations: Clew v. Traer, 57 la., 459 ; 115 U. S., 528 ; Laird v. Kilbourne, 70 Id., 83; ParJcer v. Kuhn, 21 Neb., 413; O’ Dell v. Burnham, 21 Wis., 562; Martin v. Smith, 1 Dill. [U. S.], 85. The only fact that appellant claims to have learned, which would take this case out of the statute, was as to the nature of the transfer to and by Mrs. Davis. This does not prove discovery of, or facts constituting, fraud’ sufficient to stop the running of the statute, as the same…
1Opinion of the Court
Reese, Ch. J.
This action was instituted in the district court of Douglas county and was in the nature of a creditor’s bill. It was alleged in the petition that in the year 1868 James W. Davis became indebted to the plaintiff, and that upon such indebtedness plaintiff recovered a judgment against the said Davis for the sum of $3,069.70, said judgment having been rendei’ed by the district court of Douglas county; that the judgment became dormant and that the same was revived *481by tbe order of said court- at the October term thereof, 1885, and it thereby became a lien upon all the real estate of…
2Cases cited1 opinion
- Hellman v. DavisNebraska Supreme Court · 1888
3Cited by17 opinions
- Rugan v. SabinCourt of Appeals for the Eighth Circuit · 1892
- Deering v. HolcombWashington Supreme Court · 1901
- Gerner v. MosherNebraska Supreme Court · 1899
- Baxter v. National Mortgage Loan Co.Nebraska Supreme Court · 1935
- Percy v. CockrillCourt of Appeals for the Eighth Circuit · 1893
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