Legal Opinion

Cresswell v. McCaig

Nebraska Supreme Court

Decided January 15, 1881PublishedCited by 14 opinions

Appeal from the district court for Gass county. Tried below before Pound, J. The contract, being by parol, falls within the statute of frauds. A payment by cestui que trust of a part of the purchase money does not relieve against the express provision of the statutes. Gr.

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Appeal from the district court for Gass county. Tried below before Pound, J. The contract, being by parol, falls within the statute of frauds. A payment by cestui que trust of a part of the purchase money does not relieve against the express provision of the statutes. Gr. S., chap. 25, § 8. Bank v. McGoniga, 8 Neb., 245. Sugdon on Vendors, sec. 911. Brown on Stat. Frauds, sec. 98 (3d Ed.) 1 Perry on Trusts, sec. 135. Holmes v. Holmes, 44 111. 168. Green v. Drummond, 31 Md., 71. Barnet v. Dougherty, 8 Casey, 371. Ring v. McClain, 10 N. Y., 268- Stutevant v. Stutevant, 20 N. Y., 39. This is not…

1Opinion of the Court

Maxwell, Ch. J.

This is an action in the nature of a creditor’s bill to subject 407 acres of land, formerly held in the name of *225David McCaig to the satisfaction of a judgment for the sum of $6,000 and interest, in favor of the plaintiff and against the defendants, David McCaig and John Mc-Caig.

The defense relied upon is: First, that the land in question never in fact belonged to David McCaig, but was a part of the estate of his father, John McCaig, Sr., and was held by David in trust for the heirs of said estate, who from the time of the purchase, in 1866, have resided continuously thereon,…

2Cases cited1 opinion

  1. Spafford v. BradleyOhio Supreme Court · 1851

3Cited by14 opinions

  1. Johnston v. JicklingSupreme Court of Iowa · 1909
  2. Riverdale Mining Co. v. WicksCalifornia Court of Appeal · 1910
  3. Capital Assets Financial Services v. MaxwellUtah Supreme Court · 2000
  4. Corcoran v. Leon's, Inc.Nebraska Supreme Court · 1934
  5. Action Realty Co., Inc. v. MillerNebraska Supreme Court · 1974

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