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(without typos) from the publisher. 1891. Not illustrated. Excerpt:
... Uppfalt v. Woermann. Gust. Uppfalt, Appellee, V. August
Woermann Et Al., Appellants. filed September 16,1890.] Hjectment: A
Counter-claim based on a contract of purchase, being in the nature
of a cross-action, the defendant is not compelled to interpose it
in an action of ejectment as a defense. If he so elect he may bring
a separate action to enforce the contract, subject, however, to a
liability to pay the costs in the second case. Appeal from the
district court for Cuming county. Heard below before Powers, J. T.
M. Franse, for appellants, cited, on the point that appellee was
estopped from asserting an equitable title, since in the ejectment
suit he had remained silent in reference thereto: Niuen v. Belknap,
2 Johns. N. Y.], 573; Hall v. Fisher, 9 Barb. N. Y.], 17; Bank v.
Bank, 50 N. Y., 575; Blair v. Wait, 69 Id., 113; Chouteau v.
Goddin, 39 Mo., 229; Dickerson v. Colgrove, 100 U. S., 578; Jamison
v. Miller, 64 la., 402; Tiffany v. Anderson, 55 Id., 405; Beebe v.
Wilkinson, 30 Minn., 548; Pitcher v. Dove, 99 Ltd., 175. The
subject matter is res adjudicate: Fischli v. Fischli, 1 Blackf.
Ind.], 360; Stockton v. Ford, 18 HoW. U.S.], 418; Doty v. Brown, 4
Comst. N. Y.], 71; Babcock v. Camp, 12 O. St., 11; Cromwell v. Sac
County, 94 U. S., 351; Case v. Beauregard, 101 Id., 688. Brunei-
& Lewis, in reply to the latter contention, cited: Cromwell v.
Sac County, supra; Wilch v. Phelps, 16 Neb., 515; Brigham v.
McDowM, 19 Id., 407; Russell v. Place, 4 Otto U. S.], 606; Nims v.
Vaughn, 40 Mich., 356. Uppfalt V. Woermanu. Maxwell, J. This is an
action to enforce specific performance of a contract. The petition
is very long and need not be specially referred to. The principal
defense relied upon is a prior adjudication, which is set forth in
the answer as follows: ..".
General Books LLC
|Country of origin:
Nebraska Supreme Court
||246 x 189 x 15mm (L x W x T)
||Paperback - Trade
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