Maxwell v. Higgins
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Wakeley, J. The opinion contains a statement of the case. Where one of two tenants in common conveys the entire estate by warranty deed to a purchaser, and the purchaser enters into possession under such deed and receives the rents and pays the taxes, his possession is construed as coextensive with the estate conveyed by the deed, and becomes adverse to his co-tenant from the moment of entry.
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Appeal from the district court of Douglas county. Heard below before Wakeley, J. The opinion contains a statement of the case. Where one of two tenants in common conveys the entire estate by warranty deed to a purchaser, and the purchaser enters into possession under such deed and receives the rents and pays the taxes, his possession is construed as coextensive with the estate conveyed by the deed, and becomes adverse to his co-tenant from the moment of entry. (Unger v. Mooney, 63 Cal., 586; Culler v. Motzer, 13 S. & R. [Pa.], 356; Buswell, Limitations and Adverse Possession,- secs. 299-301,…
1Opinion of the Court
Irvine, C.
This was a suit to quiet title to block 21, West Omaha. It was originally begun by Maxwell against Stephen Hewitt Higgins, Maurice J. McKelligón, the unknown heirs of Ellen McKelligon, the unknown heirs of Mehitable Higgins, and the unknown heirs of M. Swinny. The original petition alleged title in the plaintiff as follows: That on January 9, 1867, Stephen Hewitt Higgins and Mehitable Higgins became joint owners of the land; that during 1867 Mehitable Higgins died intestate; that on January 27,1870, Stephen Hewitt Higgins conveyed to Maurice J. McICelligon, and on February 11, 1887,…
2Cases cited4 opinions
- Unger v. MooneyCalifornia Supreme Court · 1883
- Lantry v. ParkerNebraska Supreme Court · 1893
- Gatling v. LaneNebraska Supreme Court · 1885
- Kinney v. SlatterySupreme Court of Iowa · 1879
3Cited by3 opinions
- Troyer v. MundyCourt of Appeals for the Eighth Circuit · 1932
- National Life Insurance v. MartinNebraska Supreme Court · 1899
- Edenfield v. WingardSupreme Court of Florida · 1956