case like bar in Wyoming

1950(D.C.) 66, 136 Fed.2d 796, 148 A.L.R. 226 and Annotation, under which innocent heirs of a fraudulent grantor are not, in a case like that at bar, affected by the fraud of their ancestor.

1948Nelson, 240 Wis. 438 , 3 N. W. 2d 765, 771 , the court held that an action for a declaratory judgment in a case like that at bar is not an adequate remedy.

1948Nelson, 240 Wis. 438 , 3 N. W. 2d 765, 771 , the court held that an action for a declaratory judgment in a case like that at bar is not an adequate remedy.

1943As was said in Pettet v. Cooper, 62 Ohio App. 377 , 24 NE 2d 299 : “Of course, an agreement to surrender a lease in futuro must be evidenced by a writing, to be enforceable, if repudiated before the time has arrived for performance; but where there has been no such repudiation and the lease is surrendered and the lessor takes possession, the fact that the executory agreement was unenforceable does not in any way affect the executed transaction.

1943As was said in Pettet v. Cooper, 62 Ohio App. 377 , 24 NE 2d 299 : “Of course, an agreement to surrender a lease in futuro must be evidenced by a writing, to be enforceable, if repudiated before the time has arrived for performance; but where there has been no such repudiation and the lease is surrendered and the lessor takes possession, the fact that the executory agreement was unenforceable does not in any way affect the executed transaction.

1940While in the case of Horse Creek Conservation District v. Lincoln Land Co. (Wyo.), 92 P. (2d) 572 , that doctrine was applied to abandonment of a completed appropriation, there is no reason why it should not be applied in a case like that at bar.

1936We think that we should also, in order to expedite the controversy herein, enter an order similar to that in City of Prestonburg v. Bank, 255 Ky. 252 , a case like that at bar, and direct the trial court to ascertain and fix the amount of the unpaid bonds of the plaintiff, and, unless it is plain that the city cannot make a valid reassessment, or cannot enforce the original assessments, direct and require the,city to proceed promptly to make valid reassessments or take such steps as under the law it is permitted to take, to enforce the original assessments, and to make such further order herei

1934The rule announced in the Washington cases may be unobjectionable when applied, as in Bacon v. City of Tacoma, supra, to cases where the municipal corporation itself is not making any objection to payment of the warrants (see Board of Education v. Jasper, 193 Ky. 222 , 235 S. W. 366 ), but we think it cannot be applied in this state to a case like that at bar.

1934The rule announced in the Washington cases may be unobjectionable when applied, as in Bacon v. City of Tacoma, supra, to cases where the municipal corporation itself is not making any objection to payment of the warrants (see Board of Education v. Jasper, 193 Ky. 222 , 235 S. W. 366 ), but we think it cannot be applied in this state to a case like that at bar.

1929It is said that the institution of a suit to recover money paid on the contract amounts to a rescission thereof. 39 Cyc. 1431; Frye Pulpwood Company v. Ray, 114 Me. 272 , 95 Atl. 1039 ; Michaelian v. Land Co., 76 Cal. App. 541 , 245 Pac. 476, 478 ; Cons.

1929It is said that the institution of a suit to recover money paid on the contract amounts to a rescission thereof. 39 Cyc. 1431; Frye Pulpwood Company v. Ray, 114 Me. 272 , 95 Atl. 1039 ; Michaelian v. Land Co., 76 Cal. App. 541 , 245 Pac. 476, 478 ; Cons.

1929It is said that the institution of a suit to recover money paid on the contract amounts to a rescission thereof. 39 Cyc. 1431; Frye Pulpwood Company v. Ray, 114 Me. 272 , 95 Atl. 1039 ; Michaelian v. Land Co., 76 Cal. App. 541 , 245 Pac. 476, 478 ; Cons.

1929It is said that the institution of a suit to recover money paid on the contract amounts to a rescission thereof. 39 Cyc. 1431; Frye Pulpwood Company v. Ray, 114 Me. 272 , 95 Atl. 1039 ; Michaelian v. Land Co., 76 Cal. App. 541 , 245 Pac. 476, 478 ; Cons.

1927Dec. 370 ; Carrick v. State, 18 Ind. 409 ; Powers v. State, 87 Ind. 144 ; Pigg v. State, supra. The verdict of murder in the second degree, accordingly, in a case like that at bar, necessarily implies, as we stated in the opinion on the former appeal, the finding of all the facts essential to the offense of voluntary manslaughter and the defendant has had the benefit of a trial for that offense, as fully as though the information had contained that charge only.

1927Dec. 370 ; Carrick v. State, 18 Ind. 409 ; Powers v. State, 87 Ind. 144 ; Pigg v. State, supra. The verdict of murder in the second degree, accordingly, in a case like that at bar, necessarily implies, as we stated in the opinion on the former appeal, the finding of all the facts essential to the offense of voluntary manslaughter and the defendant has had the benefit of a trial for that offense, as fully as though the information had contained that charge only.

1925In the case of Mason v. Braugh, supra, the land in dispute was the SE1/^ of a Section 4, settled upon and improved by plaintiff’s grantor.

1925In the case of Blochman Commerce & Savings Bank v. Investment Co., 177 Cal. 762 , 171 Pac. 943 , a case like that at bar, a number of the authorities are reviewed and the loan held valid.

1925In the case of Blochman Commerce & Savings Bank v. Investment Co., 177 Cal. 762 , 171 Pac. 943 , a case like that at bar, a number of the authorities are reviewed and the loan held valid.

1924The People v. Ebel, 98 App. Div. 270 , 90 N. Y.

1923The Farmer’s Loan & Trust Co., v. Siefke, 144 N. Y. 354 , 39 N. E. 358 ; Foss v. McRae, 105 Me. 140 , 73 Atl. 827 ; Eggman v. Nutter, 155 Ill.

1923The Farmer’s Loan & Trust Co., v. Siefke, 144 N. Y. 354 , 39 N. E. 358 ; Foss v. McRae, 105 Me. 140 , 73 Atl. 827 ; Eggman v. Nutter, 155 Ill.

1923The Farmer’s Loan & Trust Co., v. Siefke, 144 N. Y. 354 , 39 N. E. 358 ; Foss v. McRae, 105 Me. 140 , 73 Atl. 827 ; Eggman v. Nutter, 155 Ill.

1923The Farmer’s Loan & Trust Co., v. Siefke, 144 N. Y. 354 , 39 N. E. 358 ; Foss v. McRae, 105 Me. 140 , 73 Atl. 827 ; Eggman v. Nutter, 155 Ill.

1923The Farmer’s Loan & Trust Co., v. Siefke, 144 N. Y. 354 , 39 N. E. 358 ; Foss v. McRae, 105 Me. 140 , 73 Atl. 827 ; Eggman v. Nutter, 155 Ill.