Johnson v. Vandervort
Nebraska Supreme Court
Appeal’from Richardson county. Heard below before Davidson, J. The action was brought there to settle the interest of plaintiff and defendant as tenants in common, to quiet title and obtain a partition of the land in controversy. Plaintiff claimed title through Mary Jane Hare, to whom the undivided one-half of the land had been conveyed by her husband.
Read the full summary
Appeal’from Richardson county. Heard below before Davidson, J. The action was brought there to settle the interest of plaintiff and defendant as tenants in common, to quiet title and obtain a partition of the land in controversy. Plaintiff claimed title through Mary Jane Hare, to whom the undivided one-half of the land had been conveyed by her husband. Defendants claimed title direct from ‘Thomas R. Hare whose deed had been made by an attorney in fact, subsequent to the conveyance of Thomas R. to Mary Jane. Decree below for plaintiff. Further facts appear in the opinion.
1DissentMaxwell, J.
I am unable to give my assent to tbe decision of the majority of the court, for the following among other reasons. It appears from the record that in 1865, one Thomas R. Hare, being the owner of the w. J of the s. w. J of sec. 28, t. 2 n., r. 15 e., and the s. of the n. e. of sec. 32, in the same township and range, executed a warranty deed for an undivided half of the same, and delivered it to his wife, Mary J. Hare. The consideration named in the deed is $300. Soon afterwards the parties were divorced. In 1870, Hare executed a power of attorney to one Hirn, authorizing him to sell “ all and…
2Cases cited3 opinions
- New Orleans v. United StatesSupreme Court of the United States · 1836
- Dale v. LincolnIllinois Supreme Court · 1871
- Majors v. EvertonIllinois Supreme Court · 1878