Wygant v. Dahl
Nebraska Supreme Court
Appeal from the district court for Otoe county. Heard below before Chapman, J. cited: Dillon v. Merriam, 22 Neb. 151; Comp. Stat. 1885, p. 580; State v. S. C. & P. P. It., 7 Neb. 376; Cheney v. Harding, 21 Id. 68; Holmes v. Andrews, 16 Id. 298; Sullivan v. Merriam, Id. 157; Shelly v. Towle, Id. 194.
1ConcurrenceMaxwell, J.
I concur in the holding that he who seeks equity must do equity, and that where a land owner asks to remove a cloud from the title to his land, such as a tax lien or other incumbrance, justice requires that he shall remove such cloud by rendering to the holder thereof what is due thereon. This rule, unless changed by statute, has been constantly applied in cases where it was sought to relieve the complainant from a usurious contract, in which the effect of usury was to forfeit the entire debt and interest. Yet the courts uniformly hold that as a condition of relief the complainant must tender…
2Cases cited5 opinions
- Helphrey v. RedickNebraska Supreme Court · 1887
- Dillon v. MerriamNebraska Supreme Court · 1887
- Eiseman v. GallagherNebraska Supreme Court · 1888
- Rogers v. RathbunNew York Court of Chancery · 1815
- Tupper v. PowellNew York Court of Chancery · 1815