McDonald v. Early
Nebraska Supreme Court
Appeal from the district court for Platte county. Heard below before George W. Post, J. 1. Action cannot be maintained except by those holding a legal title to the land. Sec. 57, Comp. Stat., 394 The State v. S. O. & P. R. R., 7 Neb., 376. 2. A lease for a term of years, or even an equitable title, is not sufficient to entitle a party to relief in an action to quiet title.
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Appeal from the district court for Platte county. Heard below before George W. Post, J. 1. Action cannot be maintained except by those holding a legal title to the land. Sec. 57, Comp. Stat., 394 The State v. S. O. & P. R. R., 7 Neb., 376. 2. A lease for a term of years, or even an equitable title, is not sufficient to entitle a party to relief in an action to quiet title. Thomas v. White et al., 2 O. S., 551. 3. The petition should state facts showing the nature and invalidity of defendant’s claim which constitutes a cloud upon plaintiffs’ title to the land in question. If plaintiffs have…
1Opinion of the CourtCobb, J.
This is an action in the nature of an action quia timet, brought by the plaintiffs to remove a cloud from the title of their decedent to certain lands held by a leasehold estate under the state. The petition, after setting out the estate •of the decedent, in the lands, his possession thereof at the time of death, and their appointment as his administrators, •and the possession of the premises by the plaintiffs since the death of their decedent, proceeds as follows:
“ 8. That said defendant, John W. Early, claims an estate, or interest in and to said” (describing the land) “adverse to the…
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