Crowell v. Johnson
Nebraska Supreme Court
This was an action of ejectment, in which both parties derived title from one Dawley, — the plaintiff by deed from him, and the defendant by virtue of a judicial title acquired in proceedings against him. These proceedings were in an action, brought in 1868, while Nebraska was a Territory, in attachment, by one Phillips against Dawley. The affidavit for the attachment was without a venue, and the writ was in these words: — Teeritoby of Nebraska, CotjNty of Burt, ss.
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This was an action of ejectment, in which both parties derived title from one Dawley, — the plaintiff by deed from him, and the defendant by virtue of a judicial title acquired in proceedings against him. These proceedings were in an action, brought in 1868, while Nebraska was a Territory, in attachment, by one Phillips against Dawley. The affidavit for the attachment was without a venue, and the writ was in these words: — Teeritoby of Nebraska, CotjNty of Burt, ss. To the sheriff of said county, greeting:— In the name of the Territory of Nebraska, you are hereby commanded to attach the goods…
1Opinion of the CourtLake, J.
This is a proceeding in error to reverse the judgment of the District Court for Burt County, rendered in favor of the defendant in error upon the facts found by the Court, a jury having been waived by the parties.
The action in the Court below was brought to recover the possession of certain real estate to which both parties claimed the legal title, and both derived their pretended ownership from a common source.
The plaintiff’s claim is based upon several conveyances from James E. Dawley, and Helen S. Dawley his wife, to himself, bearing date the 27th of April, 1869. The defendant rests his…
2Cases cited4 opinions
- Shawhan v. LofferSupreme Court of Iowa · 1868
- Phillips v. DawleyNebraska Supreme Court · 1871
- Martin v. BarronSupreme Court of Missouri · 1866
- Snell v. EckersonSupreme Court of Iowa · 1859
3Cited by16 opinions
- State v. HessNebraska Supreme Court · 2001
- Miller v. HurfordNebraska Supreme Court · 1882
- Albers v. KozeluhNebraska Supreme Court · 1903
- Darnell v. MackNebraska Supreme Court · 1896
- State Ex Rel. Brogan v. BoehnerNebraska Supreme Court · 1963
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