Lammers v. Nissen
Nebraska Supreme Court
This was an appeal from a decree dismissing plaintiff’s petition rendered by Hon Samuel Maxwell, sitting in the district court of Cedar county. It was a petition in equity, filed by the appellant, against P. C. Nissen, Henry Filber, Peter Johnson, and Mrs. Christina Meng, widow of Jesse P. Meng, deceased.
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This was an appeal from a decree dismissing plaintiff’s petition rendered by Hon Samuel Maxwell, sitting in the district court of Cedar county. It was a petition in equity, filed by the appellant, against P. C. Nissen, Henry Filber, Peter Johnson, and Mrs. Christina Meng, widow of Jesse P. Meng, deceased. The plaintiff alleges, that on the 17th day of July, 1861, he entered at the United States Land Office, among other property, lot one in section twelve, in township thirty-three, range one east, situated in said county of Cedar, and on the 5th day of December, 1861, received a patent…
1Opinion of the CourtGantt, J.
The plaintiff in this case claims the land in controversy, as accretions formed on the bank of the river, by which he alleges his land was hounded. The first question suggested to the mind by the issues raised between the parties is: What is an accretion to land? It seems to be a settled doctrine at common law, that an accretion to land is the imperceptible increase thereto on the bank of a river by alluvial formations, occasioned by the washing up of the sand or earth, or by direliction as when the river shrinks back below the usual water mark; and when it is by addition, “ it should be so…
2Cited by23 opinions
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- North Shore, Inc. v. WakefieldNorth Dakota Supreme Court · 1995
- Bode v. RollwitzMontana Supreme Court · 1921
- Conkey v. KnudsenNebraska Supreme Court · 1943
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