Pillsbury v. Alexander
Nebraska Supreme Court
Appeal from the district court of Hall county. Heard below before Harrison, J. The opinion contains a statement of the case. The records of Hall county, in order that the plaintiff should recover, must show a true and correct title in fee-simple in the plaintiff. (21 Cent. Law Journal, p. 164, and cases cited; Cornell v. Andrews, 15 Cent.
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Appeal from the district court of Hall county. Heard below before Harrison, J. The opinion contains a statement of the case. The records of Hall county, in order that the plaintiff should recover, must show a true and correct title in fee-simple in the plaintiff. (21 Cent. Law Journal, p. 164, and cases cited; Cornell v. Andrews, 15 Cent. Law Journal [N. J.], 8.) Where there is no agreement as to the kind of title that is to be conveyed, the law presumes and makes it a part of every such contract that the title shall be a marketable title; that is, a title free from haws or serious defects.…
1Opinion of the Court
Ragan, C.
On the 9 th day of June, 1890, W. H. H. Pillsbury and Alexander & Marsh entered into a written agreement, in and by the terms of which Alexander & Marsh agreed to purchase of Pillsbury lots 3 and 4, in block 18, of Arnold ■& Abbott’s addition to Grand Island. They also agreed to pay, and did pay, Pillsbury on that day $400 in cash, ■and agreed to pay him on the 9th day of July, 1890, the further sum of $1,000, and assumed the payment of a mortgage of $1,000 already on said real estate. Pillsbury ■on his part agreed, when Alexander & Marsh had complied with their promises, to convey…
2Cases cited3 opinions
- McAusland v. PundtNebraska Supreme Court · 1871
- Village of Weeping Water v. ReedNebraska Supreme Court · 1887
- Gregory v. City of LincolnNebraska Supreme Court · 1882
3Cited by6 opinions
- Sofio v. GlissmannNebraska Supreme Court · 1953
- Smith v. HornkohlNebraska Supreme Court · 1958
- Johnson v. BrauchSouth Dakota Supreme Court · 1896
- Roper v. MilbournNebraska Supreme Court · 1913
- Bauer v. Lancaster County School District 001Nebraska Supreme Court · 1993
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