Legal Opinion

Smith v. Dean

Nebraska Supreme Court

Decided January 15, 1884PublishedCited by 7 opinions

Appeal from the district court of York county. Tried below before George W. Post, J. cited: Aultman v. Obermeyer, 6 Neb., 260. Winans v. Peebles, 32 N. Y., 423. Action quia timet not proper. State v. S. C. & P. R. R., 7 Neb., 376. Description insufficient. 3 Wash. Real Prop., 381. Wofford v. MeKinna, 23 Tex., 44. Defendant’s title is good against plaintiff’s unrecorded deed. 3 Wash.

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Appeal from the district court of York county. Tried below before George W. Post, J. cited: Aultman v. Obermeyer, 6 Neb., 260. Winans v. Peebles, 32 N. Y., 423. Action quia timet not proper. State v. S. C. & P. R. R., 7 Neb., 376. Description insufficient. 3 Wash. Real Prop., 381. Wofford v. MeKinna, 23 Tex., 44. Defendant’s title is good against plaintiff’s unrecorded deed. 3 Wash. Real Prop., 339. Bell v. Twilight, 18 N. H., 159. Trull v. Bigelow, 16 Mass., 406. cited: 3 Wash. Real Prop., 407, 408. McDonald v. Early, ante p. 63. Orook v. Vandevoort, 13 Neb., 507. Hanlon v. Wilson, 10 Neb.,…

1Opinion of the CourtMaxwell, J.

This is an action to quiet title. A decree was rendered in the court below in favor of the plaintiff, from which the defendant appeals to this court. It appears from the record that in May, 1872, one Jacob R. Gilmore obtained a patent from the United States for the north-east quarter of section seven, in township nine north, range one west, in York county; that a few days prior to that time, but after he was the owner of the land, he conveyed said land directly to his wife by a warranty deed; that in December, 1873, Catharine E. Gilmore, the wife of Jacob R. Gilmore, by warranty deed conveyed…

2Cases cited2 opinions

  1. First National Bank v. BartlettNebraska Supreme Court · 1879
  2. Carpenter v. TatroWisconsin Supreme Court · 1874

3Cited by7 opinions

  1. Emerson v. Western Seed & Irrigation Co.Nebraska Supreme Court · 1927
  2. Dayton Spice-Mills Co. v. SloanNebraska Supreme Court · 1896
  3. Furrow v. AtheyNebraska Supreme Court · 1887
  4. Currier v. TeskeNebraska Supreme Court · 1909
  5. Wanser v. LucasNebraska Supreme Court · 1895

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