Johnson v. Phifer
Nebraska Supreme Court
Appeal from the district court of Jefferson county. Tried below' before Weaver, J. The case is stated in the opinion. Plaintiff claims that the proofs show that he was intoxicated and drunken when the deed in question was executed. That he was still more so when the defendant, Greorge Phifer, obtained possession of the paper. That there was no delivery of the deed to defendants, and that defendants fraudulently gained possession of the same and placed it on record.
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Appeal from the district court of Jefferson county. Tried below' before Weaver, J. The case is stated in the opinion. Plaintiff claims that the proofs show that he was intoxicated and drunken when the deed in question was executed. That he was still more so when the defendant, Greorge Phifer, obtained possession of the paper. That there was no delivery of the deed to defendants, and that defendants fraudulently gained possession of the same and placed it on record. We think equity will relieve against the acts of a party (less than crime) or contracts entered into by him while intoxicated.…
1Opinion of the CourtMaxwell, J.
On the sixteenth day of June, 1873, the plaintiff made final proof of settlement, and entered as a homestead, under the United States homestead law, the north-east quarter of section twenty-two ■ in town three north, of range two east of the sixth principal meridian; and on the same day conveyed the same by deed to Elizabeth Phifer, one of the defendants herein. The action is brought to have said deed vacated and cancelled, and for such other and further relief as the nature of his case in equity may require. The petition alleges that, “ after having made proof of his right as aforesaid, the…
2Cases cited1 opinion
- Mulloy v. IngallsNebraska Supreme Court · 1875
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