Brown v. Westerfield
Nebraska Supreme Court
Appeal from the district court of Lancaster county. Heard below before Tuttle, J. See opinion for statement of tbe case. The petition merely alleges that the deed was made and executed, without any allegation of delivery. The proof also fails to show delivery of the deed. The plaintiff has no title to the lot except as one of the heirs of Hannah Brown.
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Appeal from the district court of Lancaster county. Heard below before Tuttle, J. See opinion for statement of tbe case. The petition merely alleges that the deed was made and executed, without any allegation of delivery. The proof also fails to show delivery of the deed. The plaintiff has no title to the lot except as one of the heirs of Hannah Brown. (Patrióle v. McCormick, 10 Neb., 1; Wier v. Batdorf, 24 Neb., 83; Jones v. Loveless, 99'Ind., 317; Miller v. Physick, 24 Ark., 244; Miller v. Lullman, 81 Mo., 311; Byars v. Spencer, 101 111., 429.) A deed intended to operate as a testamentary…
1Opinion of the CourtNOItVAL, J.
This was a suit by Rnthie Brown against Sam Westerfield and Ida Westerfield, his wife, and Louis and Jimmie Brown, to quiet the title in plaintiff to the south half of lot C, a subdivision of lots 4, 5, and 6, in block 28, of Kinney’s O Street Addition to the city of Lincoln. The petition alleges that plaintiff is the only living child of Hannah and James Brown; that on the 20th day of June, 1883, the said Hannah Brown, now deceased, being the owner in fee-simple of the real estate above described, together with her hus*402band, said James Brown, made and executed a. warranty deed to the…
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