Obernalte v. Edgar
Nebraska Supreme Court
Error to the district court for Cass county. Tried below before Chapman, J. Leading questions, on direct or redirect examination, are not permissible. (1 Greenleaf, Ev., sec 434; Smith v.-Shoemaker, 17 Wall. [U. S.], 630.) The evidence shows that 'the land was occupied through mutual mistake; and in this regard the case differs from Tex v. Pflug, 24 Neb:, 666; hénce the possession was not adverse.
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Error to the district court for Cass county. Tried below before Chapman, J. Leading questions, on direct or redirect examination, are not permissible. (1 Greenleaf, Ev., sec 434; Smith v.-Shoemaker, 17 Wall. [U. S.], 630.) The evidence shows that 'the land was occupied through mutual mistake; and in this regard the case differs from Tex v. Pflug, 24 Neb:, 666; hénce the possession was not adverse. (Alexander v. Wheeler, 69 Ala., 332 •;Howard v. Reedy, 29 Ga., 152; Grube v. Wells, 34 Ia., 148; Skinner v. Crawford, 54 Id., 120 ; Winn v. Abeles, 35 Kan., 85; Abbott v. Abbott, 51 Me., 575;…
1Opinion of the CourtCobb, J.
This proceeding in ejectment is brought on error from the district court of Cass county.
The plaintiff alleged in the court below that he has a legal estate in and is entitled to the immediate possession of a piece, or strip, of land off the south side of the southeast quarter of section 19, township 11, range 11, in said county, being about seventy-three links wide at the west end of said strip, and running from thence east, angling to a point at the southeast corner stone of said section, and *72containing about one and one-half acres; that the defend7 ant unlawfully keeps him out of the…
2Cases cited2 opinions
- Walker v. . DunspaughNew York Court of Appeals · 1859
- Tex v. PflugNebraska Supreme Court · 1888
3Cited by7 opinions
- Hallowell v. BorchersNebraska Supreme Court · 1948
- Lantry v. WolffNebraska Supreme Court · 1896
- Laing v. NelsonNebraska Supreme Court · 1894
- Andrews v. HastingsNebraska Supreme Court · 1909
- Zweiner v. VestNebraska Supreme Court · 1914
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