Jefferis v. East Omaha Land Co.
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was a suit in equity, brought in- the Circuit Court of the United States for the District of Nebraska, on the 9th of February, 1889, By The East Omaha Land Company, a -Nebraska corporation, against Thomas Jefferis. The case was heard on' a demurrer to the bill, which makes it necessary to state with particularity the allegations of the bill..
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APPEAL FROM THE CIRCUIT COURT OE THE UNITED STATES FOR THE DISTRICT OF NEBRASKA. This was a suit in equity, brought in- the Circuit Court of the United States for the District of Nebraska, on the 9th of February, 1889, By The East Omaha Land Company, a -Nebraska corporation, against Thomas Jefferis. The case was heard on' a demurrer to the bill, which makes it necessary to state with particularity the allegations of the bill.. They are as follows: The lands which are the subject of the suit are of the value of $2000 or .more. In 1851 the deputy surveyors, of the United States, then engaged in…
1Opinion of the Court
Me. Justice.Blatchfoed,
having stated the case as above reported, delivered the opinion of the court.
The grounds upon which the Circuit Court proceeded in overruling the demurrer to the bill are stated by it in its opinion to be these: (1) It being alleged in the bill that the added land was, formed by “imperceptible degrees,” although the increase was great, resulting in the addition of many acres, yet the time during which it was made was nearly twenty years, a,nd- an increase might have been going on, imperceptible from day to day and from week to week, which, during the lapse of so many…
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