Imperial Service Corp. v. Phipps

Colwell, District Judge.

Defendants Phipps appeal from a decree quieting title to the northwest quarter of Section 5, Township 3 North, Range 40 West of the 6th P.M., Dundy County, Nebraska, in the plaintiffs. Plaintiffs’ petition alleges their record title, possession and defendants’ permissive use of the land. Defendants by cross-petition allege title by adverse possession. We affirm.

There is limited conflict in the evidence. The adverse claims of the parties arise from these circumstances. Section 6 abuts Section 5 on the west; it is all pastureland and there is a section line fence running…