Legal Opinion

Shaffer v. Stull

Nebraska Supreme Court

Decided May 6, 1891PublishedCited by 17 opinions

Appeal from the district court for Cass county. Heard below before Chapman, J. Jerome v. Ross, 7 Johns. ,Ch. [N. Y.], 315; Ross v. Page, 6 •O., 166; Arnold v. Flattery, 5 Id., 271; Kelsey v. Fur-man, 36 la., 614; Masters v. MeHolland, 12 Kan., 17; Cemetery Ass’n v. Menninger, 14 Id., 312; Mosier v. Yin-■cent, 34 la., 478; Brown v. Jefferson Co., 16 Id., 339.

1Opinion of the CourtNorval, J.

The appellee, Henry Shaffer, on the 15th day of August, 1887, commenced this action in the Cass county district *95court to restrain the defendants from cutting and. tearing down the wire fence upon plaintiff’s land, and driving across the same with teams.

It is alleged in the petition, that ever since the year 1883, the plaintiff has been, and is now, the sole owner in fee simple of the east one-half of the northeast one-fourth of section 2, in township 12 north, of range 13 east, and lot No. 2 of the northeast one-fourth of said sec'tion, and that said real estate is enclosed with a fence,…

2Cases cited4 opinions

  1. Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
  2. City of Council Bluffs v. StewartSupreme Court of Iowa · 1879
  3. Graham v. HartnettNebraska Supreme Court · 1880
  4. Owens v. CrossettIllinois Supreme Court · 1883

3Cited by17 opinions

  1. Chapman v. DeanOregon Supreme Court · 1911
  2. Vandalia Coal Co. v. LawsonIndiana Court of Appeals · 1909
  3. Watson v. County CommissionersWashington Supreme Court · 1905
  4. Engle v. HuntNebraska Supreme Court · 1897
  5. Hackney v. McIninchNebraska Supreme Court · 1907

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