Legal Opinion

Omaha Real Estate & Trust Co. v. Kragscow

Nebraska Supreme Court

Decided March 18, 1896No. Nos. 6377, 6378, 6379, 6380PublishedCited by 25 opinions

Error, from the district court of Douglas county. Tried below before Scott, J. The opinion contains a statement of the case.

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Error, from the district court of Douglas county. Tried below before Scott, J. The opinion contains a statement of the case. The provisions relating to the acknowledgment of deeds are made for the protection and security of creditors and purchasers; but so far as the grantor is concerned, the title vested in him passes by the deed to the grantee as completely as it would if the conveyance had been acknowledged and recorded. {Hastings v. Vaughn, 5 Cal., 315; Steioart v. Mathews, 19 Fla., 752; Gibbs v. Swift, 12 Cush. [Mass.], 393; Raines v. Walicer, 77 Ya., 92; Strong v. Smith, 3 McLean [U.…

1Opinion of the CourtHarrison, J.

October 3,1891, an action of ejectment was commenced by the plaintiff against Joseph S. Kragseow in the district court of Douglas county the *597property involved being described in the petition as follows: “Lots number thirty-nine (39) and number forty (40), in block number one (1), in Saunders & Heimbangh’s Addition to Walnut Hill, an addition to the city of Omaha.” It was alleged that the defendant had, ever since the 23d day of December, 1890, unlawfully kept and was holding possession of the property, and keeping plaintiff out of possession thereof. It was also charged that defendant had…

2Cases cited9 opinions

  1. Albertson v. StateNebraska Supreme Court · 1879
  2. Franklin v. KelleyNebraska Supreme Court · 1873
  3. Carson v. DundasNebraska Supreme Court · 1894
  4. Gregory v. KenyonNebraska Supreme Court · 1892
  5. Hoadley v. StephensNebraska Supreme Court · 1876

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3Cited by25 opinions

  1. Parshall v. StateCourt of Criminal Appeals of Texas · 1911
  2. Board of Park Com'rs v. City of NashvilleTennessee Supreme Court · 1915
  3. Stevens v. StateCourt of Criminal Appeals of Texas · 1913
  4. State ex rel. City of Omaha v. Board of County CommissionersNebraska Supreme Court · 1922
  5. G. Amsinck & Co. v. Springfield Grocer Co.Court of Appeals for the Eighth Circuit · 1925

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