Foree v. Stubbs
Nebraska Supreme Court
Appeal from the district court of Burt county.- Heard below before Irvine, J. The plaintiff cannot maintain this suit to quiet title because he has neither the legal title nor the actual possession of the land.
Read the full summary
Appeal from the district court of Burt county.- Heard below before Irvine, J. The plaintiff cannot maintain this suit to quiet title because he has neither the legal title nor the actual possession of the land. (State v. Sioux City & P. P. Co., 7 Neb., 357; Snowden v. Tyler, 21 Neb., 199.) Conceding, for the purpose of argument, that plaintiff’s title is sufficient to maintain the action, the court ought to have required him to pay the tax liens and interest, as a condition of equitable relief, notwithstanding the liens are barred by statute. (1 Pomeroy, Equity Jurisprudence, sees. 385, 388;…
1Opinion of the CourtPost, J.
Two questions are presented by the record of this case, viz.: First — Will an action lie by a party out of possession ■of real estate, but claiming an interest therein, to quiet his title as against one in possession? Second — Will the plaintiff, in an action to quiet title as against one in possession, be required, as a condition to the relief sought, to discharge tax liens held by the defendant but which are barred by statute?
We are embarrassed somewhat in the consideration of the question first stated by the decision of this court in State v. Sioux City & P. R. Co., 7 Neb., 357. In that…
2Cases cited12 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Arndt v. GriggsSupreme Court of the United States · 1890
- Reynolds v. Crawfordsville First National BankSupreme Court of the United States · 1884
- Mason v. BlackSupreme Court of Missouri · 1885
- Alexander v. ShafferNebraska Supreme Court · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Montana Ore Purchasing Co. v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1902
- Marray v. QuigleySupreme Court of Iowa · 1902
- Ormsby v. OttmanCourt of Appeals for the Eighth Circuit · 1898
- Criswell v. CriswellNebraska Supreme Court · 1917
- Scarborough v. MyrickNebraska Supreme Court · 1896
18 more not listed; retrieve them via the Exa API.