Legal Opinion

Horbach v. Miller

Nebraska Supreme Court

Decided January 15, 1875PublishedCited by 43 opinions

Error to the district court of Douglas County. Tiib action was commenced by Lorin Miller on tlie twelfth day of October, A. D. 1872, against John A. Horbach, to recover the possession of a tract of land, describing the same by metes and bounds, formerly known as block 172-gr in tbe city of Ornaba.

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Error to the district court of Douglas County. Tiib action was commenced by Lorin Miller on tlie twelfth day of October, A. D. 1872, against John A. Horbach, to recover the possession of a tract of land, describing the same by metes and bounds, formerly known as block 172-gr in tbe city of Ornaba. Miller claimed title through Moffat, to whom Horbach and wife had deeded the premises on the sixteenth day of January, A. D., 1858. Horbach claimed title by virtue of an alleged actual, exclusive, adverse, and notorious possession, since April, A. D., 1860, and he further plead the statute of…

1Opinion of the CourtGantt, J.

The defendant in the court below brings the cause to this court by petition in error, and among the errors complained of, it is urged that the court below erred in giving to the jury the second instruction asked by Miller; also in admitting in evidence declarations of the parties, *43relating to an effort to compromise tbe difference, between them in regard to the subject matter of the suit; and in submitting to the jury the question as to the plaintiff’s adverse possession of the land in controversy; but from , the record it clearly appears that in respect to the' ruling and charge of the court…

2Cases cited4 opinions

  1. Stanley v. GadsbySupreme Court of the United States · 1836
  2. State ex rel. Foster v. SwartsIndiana Supreme Court · 1857
  3. Mills v. MillerNebraska Supreme Court · 1873
  4. Midland Pacific Railroad v. McCartneyNebraska Supreme Court · 1871

3Cited by43 opinions

  1. Mulvey v. City of BostonMassachusetts Supreme Judicial Court · 1908
  2. Grand Island School District 2 v. Celotex Corp.Nebraska Supreme Court · 1979
  3. Lamb v. Powder River Live Stock Co.Court of Appeals for the Eighth Circuit · 1904
  4. Givens v. Anchor Packing, Inc.Nebraska Supreme Court · 1991
  5. Educational Service Unit No. 3 v. Mammel, Olsen, Schropp, Horn & Swartzbaugh, Inc.Nebraska Supreme Court · 1974

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