Connell v. Smiley
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF NEBRASKA. This was an action originally brought March 16, 1887, by John 'A. Smiley, a citizen of Nebraska, against William J. Connell, also a citizen of that State, in the District Court of Douglas County, Nebraska, to quiet title to eighty acres of land.
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APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOE THE DISTRICT OF NEBRASKA. This was an action originally brought March 16, 1887, by John 'A. Smiley, a citizen of Nebraska, against William J. Connell, also a citizen of that State, in the District Court of Douglas County, Nebraska, to quiet title to eighty acres of land. The petition alleged that the plaintiff made a deed of. the tract in which a proposed corporation was named as grantee, which \yas deposited in escrow to be delivered when the corporation was fully organized and certain stock issued to plaintiff; that the corporate…
1Opinion of the Court
Mr. Chief Jüstice Fuller,
after stating the case, delivered the- opinion of the court.
On behalf of appellants briefs are submitted for appellant Connell only, and his contention is that the decree should be reversed and the cause remanded with a direction to remand it to the state court, because improperly removed to the Circuit Court.
The grounds urged are that Tenney and Lay were intervenors deriving title from Connell, the original defendant; that they were purchasers pendente lite because their deeds were not delivered or were not recorded prior to the commencement of the suit; that they…
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