Connell v. Galligher
Nebraska Supreme Court
■ Judgments and decrees cannot bind strangers to the record, but only parties and privies. (Soak v. Suba, 31 Neb., 228; O’Brien v. Gaslin, 24 Neb., 559; State v. Sioux City & P. R. Go., 7 Neb., 357.) No judgment or decree is admissible in proof of title when the parties against whom it is offered were in possession at the time of the commencement of such suit. (Graves v. Eioart, 11 S. W. Rep. [Mo.], 971; Weed Sewing Machine Go. v. Baker, 40 Fed.
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■ Judgments and decrees cannot bind strangers to the record, but only parties and privies. (Soak v. Suba, 31 Neb., 228; O’Brien v. Gaslin, 24 Neb., 559; State v. Sioux City & P. R. Go., 7 Neb., 357.) No judgment or decree is admissible in proof of title when the parties against whom it is offered were in possession at the time of the commencement of such suit. (Graves v. Eioart, 11 S. W. Rep. [Mo.], 971; Weed Sewing Machine Go. v. Baker, 40 Fed. Rep., 56; Orthwein v. Thomas, 21 N. E. Rep'. [111.], 430.) • The appellee contends that the decree and the deed are admissible as necessary links in…
1Opinion of the Court
Ragan, C.. This is a suit in ejectment brought in the district court of Douglas county by Connell against Galliglier, who set up an equitable defense in that court to Connell’s action, and on her motion the' case was transferred to the equity docket. The district court rendered a decree in favor of Connell, quieting and confirming in him the title to the *795property in controversy, and Mrs. Galligher brought the case here on appeal. This court rendered a decree affirming that of the district court. The opinion will be found in Connell v. Galligher, 36 Neb., 749. Mrs. Galligher then filed a…
2Cases cited1 opinion
- Connell v. GalligherNebraska Supreme Court · 1893
3Cited by7 opinions
- Brown v. WesterfieldNebraska Supreme Court · 1896
- Linton v. CooperNebraska Supreme Court · 1898
- Holmes v. HullNebraska Supreme Court · 1897
- Brown v. HartmanNebraska Supreme Court · 1899
- Sager v. SummersNebraska Supreme Court · 1896
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