Omaha & Florence Land & Trust Co. v. Hansen
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Doane, J. The adverse nature of the possession as well as the fact thereof must be shown by a clear and positive proof. (Colvin v. B. V. Land Ass’n, 23 Neb., 80.) Possession by one other than the owner is always presumed to be permissive and not adverse. (Angelí, Lim., sec. 384.) The occupant must hold the property exclusively and adversely to the true owner and to the world.
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Error to the district court for Douglas county. Tried below before Doane, J. The adverse nature of the possession as well as the fact thereof must be shown by a clear and positive proof. (Colvin v. B. V. Land Ass’n, 23 Neb., 80.) Possession by one other than the owner is always presumed to be permissive and not adverse. (Angelí, Lim., sec. 384.) The occupant must hold the property exclusively and adversely to the true owner and to the world. (Walsh v. Hill, 41 Cal., 571; Putnam Free Sch. v. Fisher, 34 Me., 172.) Continuity is broken by the assertion of a different claim by the occupant than…
1Opinion of the CourtMaxwell, J.
This is an action of ejectment brought by the plaintiff against the defendant to recover the possession of “Lots 2 and 4, block 77; lot 2, block 79; lots 5 and 7, block 82; lot 6, block 86; lot 8, block 87; lot 5, block 236 ; lots 1, 3, and 8, block 251; lots 1, 5, 6, 7, and 8, block 252, in the city of Florence, Douglas county.
The defendant, in his amended answer,. pleads first a general denial, and second, that the cause of action did not accrue within ten years before the bringing of the action.
During the trial the plaintiff dismissed the action without prejudice as to lots 6 and 8 in…
2Cited by12 opinions
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- Eickhoff v. EikenbaryNebraska Supreme Court · 1897
- Alsworth v. Richmond Cedar WorksSupreme Court of North Carolina · 1916
- Oldig v. FiskNebraska Supreme Court · 1897
- Elliott v. Carter White-Lead Co.Nebraska Supreme Court · 1898
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