Buchanan v. Dorsey
Nebraska Supreme Court
The defendants in error brought their action in the district court of Gage county to recover possession of lot three, in block sixty-five, in the city of Beatrice, and to recover rents and profits thereof.
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The defendants in error brought their action in the district court of Gage county to recover possession of lot three, in block sixty-five, in the city of Beatrice, and to recover rents and profits thereof. The plaintiff in error in his answer claimed title to the premises under a tax deed dated Eeb. 11, 1868, made and recorded more than ten years prior to the commencement of this suit, and alsos et up the occupying claimants? law. . The case was tried once, finding and judgment set aside, new trial granted, case continued until next term, at which time it was again tried by a jury, who found…
1Opinion of the CourtLake, J.
In the view we take of this case our disposal of it must turn upon the decision of a single question, viz., the first raised .in the brief of counsel for the defendants in error, which is, that Buchanan, by asking for and obtaining relief at the bands of the court against the successful plaintiff below, under the “act for the relief of occupying claimants,” waived all objections to the verdict and judgment against him, of which he now complains. And our decision of this question must be in accord with what we believe was the intention of the legislature in passing that act.
Section three (Gen.…
2Cited by9 opinions
- Barnes v. LynchSupreme Court of Oklahoma · 1899
- Habig & Spiler v. LayneNebraska Supreme Court · 1894
- Mack v. PriceSupreme Court of Kansas · 1886
- Bradley v. RogersSupreme Court of Kansas · 1885
- Eller v. NoahSupreme Court of Oklahoma · 1917
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