Davis v. Huston
Nebraska Supreme Court
This ivas an action of ejectment brought in the district court of Richardson county. The plaintiffs in error, who were plaintiffs below, claimed the land in controversy, as the widow and heirs at law of one Thomas Hodkins, deceased. It was admitted upon the trial that the patent for the land was issued and delivered by the United States to the said Thomas Hodkins,'and that he thereby became the owner in fee simple.
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This ivas an action of ejectment brought in the district court of Richardson county. The plaintiffs in error, who were plaintiffs below, claimed the land in controversy, as the widow and heirs at law of one Thomas Hodkins, deceased. It was admitted upon the trial that the patent for the land was issued and delivered by the United States to the said Thomas Hodkins,'and that he thereby became the owner in fee simple. It was further admitted that the plaintiffs were the widow and sole heirs at law of the said Thomas Hodkins. The defendant Scammon claimed the title and right to the possession of…
1Opinion of the CourtCobb, J.
The point is made for the plaintiffs in error that the service of process in the foreclosure case was not sufficient to bind the infant defendants, for the reason, as I understand it, that the affidavit for service by publication fails to show that the guardians of the infant defendants were non-residents of this state, or that service on them could not be made in this state* and it is urged in the brief that “there is always a presumption that when a minor has property and rights he has a guardian to protect such property and rights.” If there is such a presumption, it certainly cannot…
2Cases cited1 opinion
- Keys v. McDonaldOhio Superior Court, Cincinnati · 1854
3Cited by16 opinions
- State ex rel. Harris v. HansonNebraska Supreme Court · 1908
- Johnson v. RichardsNebraska Supreme Court · 1952
- State v. Cherry CountyNebraska Supreme Court · 1899
- Omaha Water Co. v. SchamelCourt of Appeals for the Eighth Circuit · 1906
- Baugh v. Rural High School District No. 5Supreme Court of Kansas · 1959
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