Krueger v. Jenkins
Nebraska Supreme Court
Error from the district court of Douglas county. Tried below before Keysor, J. argued that an injunction would be allowed in a proper case of this kind; the reply alleged an adverse possession against a private person. The statute of limitations applies to counties.
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Error from the district court of Douglas county. Tried below before Keysor, J. argued that an injunction would be allowed in a proper case of this kind; the reply alleged an adverse possession against a private person. The statute of limitations applies to counties. The maxim, Nullum tempus oecurrit regi, had no application to cities and school districts; and cited Zimmerman v. County of Kearney, 33 Nebr., 620; Republican Yalley R. Co. v. Finio, 18 Nebr., 82; Schoclo v. Falls City, 31 Nebr., 599; Meyer v. City of Lincoln, 33 Nebr., 566; May v. School District, 22 Nebr., 205; Compiled Statutes…
1Opinion of the CourtSullivan, J.
This action was commenced by Anna D. Krueger against the county of Douglas and its commissioners to enjoin the appropriation for road purposes of a small piece of land claimed by plaintiff as part of her farm. The defendants answered the petition, alleging that the locus in quo had been duly condemned and set apart as a ■highway. The reply admitted the condemnation proceedings, but alleged by way of avoidance that the public had lost its rights by non-user and a continuous adverse occupancy for more than ten years by the plaintiff and her predecessors in title. The court sustained a general…
2Cases cited2 opinions
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Webb v. Board of CommissionersSupreme Court of Kansas · 1893
3Cited by15 opinions
- State ex rel. McWilliams v. Little River Drainage DistrictSupreme Court of Missouri · 1916
- Belgum v. City of KimballNebraska Supreme Court · 1957
- Agnew v. City of Pawnee CityNebraska Supreme Court · 1907
- Foley v. County CourtWest Virginia Supreme Court · 1903
- Drainage District No. 1 v. Richardson CountyNebraska Supreme Court · 1910
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