Housel v. Boggs
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Wakeley, J. The action was one of ejectment brought by Boggs & Hill against Housel. They claimed title as grantees of the original owner of the lands in controversy. Housel claimed title under tax deeds dated May 12, 1875, and April 19, 1876, with possession from 1875. The action was commenced in 1880.
1Opinion of the CourtEeese, J.
The question presented'by the record in this case is, whether or not the district court erred in excluding from the jury two tax deeds offered in evidence by the plaintiff in error. It is conceded that these deeds, failing to recite the place of sale, are void and do not carry with them the constructive possession of the property sought to be conveyed. But it is claimed by the plaintiff in error that as the proofs showed he had had actual possession since 1875 —more than three years—and the defendants in error were out of possession, the bar of the statute of limitations has run in his favor.…
2Cases cited3 opinions
- Bowman v. CockrillSupreme Court of Kansas · 1870
- Sutton v. StoneNebraska Supreme Court · 1876
- Towle v. HoltNebraska Supreme Court · 1883
3Cited by6 opinions
- Bendexen v. FentonNebraska Supreme Court · 1887
- Opp v. SmithNebraska Supreme Court · 1918
- Sherlock v. GillisNebraska Supreme Court · 1922
- MacK v. LuebbenNebraska Supreme Court · 1983
- MacK v. LuebbenNebraska Supreme Court · 1983
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