Legal Opinion

Moll v. Hagerbaumer

Nebraska Supreme Court

Decided June 18, 1915No. 17938PublishedCited by 15 opinions

Opinion on motion for rehearing of case reported in 97 Neb. 809.

1Opinion of the CourtRose, J.

Plaintiff prays for an injunction to prevent defendants from interfering with his use of a private way to a tract of land owned by him in Hodge county, alleging that the road crosses lands of defendants and affords his only means of ingress to and egress from his premises; that he and his predecessors in interest used the way continuously for more than 40 years, and thus acquired by prescription the right to do so; that defendants purchased the servient estate March 2, 1891, with notice of plaintiff’s easement, and never questioned his right to exercise it until they *556recently obstructed his…

2Cases cited4 opinions

  1. Arterburn v. BeardNebraska Supreme Court · 1910
  2. Majerus v. BartonNebraska Supreme Court · 1912
  3. Kendall-Smith Co. v. Lancaster CountyNebraska Supreme Court · 1909
  4. Moll v. HagerbaumerNebraska Supreme Court · 1915

3Cited by15 opinions

  1. Miles v. BodenheimCourt of Appeals of Texas · 1917
  2. Jurgensen v. AinscowNebraska Supreme Court · 1952
  3. Fischer v. Voldemars GrinsbergsNebraska Supreme Court · 1977
  4. Dormer v. DreithNebraska Supreme Court · 1945
  5. Hopkins v. HillNebraska Supreme Court · 1955

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