Franklin v. Kelley
Nebraska Supreme Court
' Warren B. Franklin brought his action in the District Court for Washington County, under the provisions of the first chapter of title 18 of the Code of Civil Procedure, to recover from Timothy Kelley and Michael Kelley the possession of the west half of the north-west quarter and the south-east quarter of the north-west quarter of section twenty, and the west half of the south-west quarter of section twenty-nine, in township seventeen, north of range thirteen, east of the…
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' Warren B. Franklin brought his action in the District Court for Washington County, under the provisions of the first chapter of title 18 of the Code of Civil Procedure, to recover from Timothy Kelley and Michael Kelley the possession of the west half of the north-west quarter and the south-east quarter of the north-west quarter of section twenty, and the west half of the south-west quarter of section twenty-nine, in township seventeen, north of range thirteen, east of the sixth principal meridian. By sect. 626 of that chapter it is provided, that, “in an action for the recovery of real…
1Opinion of the Court
Mason, Ch. J.
On the trial in the Court below, the defendants objected to the deed offered by the plaintiff, made by Margaret Kelley to the plaintiff, on the ground that it was not acknowledged before an officer competent to take acknowledgments of deeds. The instrument had attached thereto a certificate of acknowledgment, made by “A. Castetter, county clerk of Washington County; ” and the question is,' whether that officer is competent to take acknowledgments. That power is conferred upon Mm by sect. 48, on page 44 of the Revised Statutes. The Court was right in overruling the objection.
The…
2Cases cited9 opinions
- Cohens v. VirginiaSupreme Court of the United States · 1821
- Martin v. Hunter's LesseeSupreme Court of the United States · 1816
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Stuart v. LairdSupreme Court of the United States · 1803
- McKeen v. Delancy's LesseeSupreme Court of the United States · 1809
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3Cited by25 opinions
- Bohanan v. StateNebraska Supreme Court · 1885
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- Whitney v. BlackburnOregon Supreme Court · 1889
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- Douglas County v. VinsonhalerNebraska Supreme Court · 1908
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