Smith v. Hitchcock
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Doane, J. The word “hostile,” when applied to the possession of an occupant of real estate holding adversely, is not to be construed as showing ill will, or that he is an enemy of the person holding the legal title, but means an occupant who-holds and is in possession as owner, and, therefore, against all other claimants of the land.
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Error from the district court of Douglas county. Tried below before Doane, J. The word “hostile,” when applied to the possession of an occupant of real estate holding adversely, is not to be construed as showing ill will, or that he is an enemy of the person holding the legal title, but means an occupant who-holds and is in possession as owner, and, therefore, against all other claimants of the land. (Ballard v. Hansen, 51 N. W. Rep. [Neb.], 295.) A party in possession and cultivating a tract of land will be presumed to have some interest therein. Such notice may be as effectually…
1Opinion of the Court
Ragan, C.
This is a suit in ejectment brought on November 9,1889, in the district court of Douglas county by Mrs. Charity *107'Smith againgt Gilbert M. Hitchcock, for a part of lot 1, in Capitol Addition to the city of Omaha. The case was tried to a jury, who, under instructions of the court, rendered a verdict for Hitchcock, and Mrs. Smith brings the case here for review.
Mrs. Smith has no paper title of any kind for any part of the property. Her claim is based wholly on possession. The record shows that on and prior to 1869 this lot, No. 1, being 668 feet in length north aud south, and 218 feet…
2Cases cited13 opinions
- Green v. LiterSupreme Court of the United States · 1814
- French v. PearceSupreme Court of Connecticut · 1831
- Fitzgerald v. BrandtNebraska Supreme Court · 1893
- Allen v. AllenWisconsin Supreme Court · 1883
- Masters v. MarshNebraska Supreme Court · 1886
8 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Davis v. StateNebraska Supreme Court · 1897
- Ohm v. Clear Creek Drainage DistrictNebraska Supreme Court · 1950
- Barnes v. MilliganNebraska Supreme Court · 1978
- McDermott v. BomanNebraska Supreme Court · 1957
- Ryan v. City of LincolnNebraska Supreme Court · 1909
13 more not listed; retrieve them via the Exa API.