Kahre v. Rundle
Nebraska Supreme Court
Appeal from the district court of Douglas county. Heard below before Doane, J. The facts are stated in the opinion. Here was a person who, having owned property, had by his own act transferred it to another, and executed a deed therefor. Is he not estopped from relying on his possession as evidence to subsequent purchasers that he claims title to the premises? A large and respectable line of authorities answers this question in the affirmative.
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Appeal from the district court of Douglas county. Heard below before Doane, J. The facts are stated in the opinion. Here was a person who, having owned property, had by his own act transferred it to another, and executed a deed therefor. Is he not estopped from relying on his possession as evidence to subsequent purchasers that he claims title to the premises? A large and respectable line of authorities answers this question in the affirmative. (Wade, Notice, sec. 299; Scott v. Gallagher, 14 S. & R. [Pa.], 333; Newhallv. Pierce, 5 Pick. [Mass.], 450; New York Life Ins. Co. v. Cutler, 3 Sandf.…
1Opinion of the Court
Irvine, C.
Henry Kahre brought this action in the district court oí Douglas county originally against N. C. Bundle alone, alleging that in January, 1890, Kahre was the owner of lot five in block four in Dupont Place, in the city of Omaha, and that defendant Bundle was the owner of certain land in Chase county; that the parties entered into an agreement to exchange said property, and that deeds in consummation of such exchange were executed and delivered. He further alleged that he was induced to enter into said trade because of false representations, unnecessary to here set out at length, in…
2Cases cited8 opinions
- Bloomer v. HendersonMichigan Supreme Court · 1860
- Pell v. McElroyCalifornia Supreme Court · 1868
- Uhl v. MayNebraska Supreme Court · 1876
- Hansen v. BerthelsenNebraska Supreme Court · 1886
- McHugh v. SmileyNebraska Supreme Court · 1885
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3Cited by4 opinions
- Dennis v. Northern Pacific Railway Co.Washington Supreme Court · 1898
- Best v. ZutavernNebraska Supreme Court · 1898
- Dengler v. FowlerNebraska Supreme Court · 1913
- Omaha Bridge & Terminal Railway Co. v. WhitneyNebraska Supreme Court · 1903