Brown v. Hartman
Nebraska Supreme Court
Error from the district court of Otoe county. Tried below before Chapman, J.- An unrecorded deed of land voluntarily given up and canceled by the parties with intent to reinvest the estate in the grantor will, as between the parties and all persons subsequently claiming under them, operate as a reconveyance and revest the- estate in the grantor. (8chade v. Bissinger, 3 Neb. 140; Gommomoealth v. Dudley, 10 Mass. 403; Thompson v. Ward, 1 N. H. 9.)
1Opinion of the CourtNorvad, J.
This was an action in ejectment to recover about ninety acres of land in Otoe county. The petition contained the usual averments, and the answer was a general denial. A trial resulted in a judgment for plaintiff below, Hattie W. Brown. A second trial was awarded under the statute, which terminated in a judgment for the defendant, to reverse which is the purpose of this proceeding.
*342The sole question presented is whether the findings and judgment are sustained by the evidence. The trial was to the court, without the aid of a jury, and much immaterial and incompetent evidence was adduced, '…
2Cases cited18 opinions
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Brown v. WesterfieldNebraska Supreme Court · 1896
- Wallace v. . BerdellNew York Court of Appeals · 1884
- Maupin v. EmmonsSupreme Court of Missouri · 1871
- Rogers v. RogersWisconsin Supreme Court · 1881
13 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Emerson-Brantingham Implement Co. v. CookSupreme Court of Minnesota · 1925
- Kramer v. DorschNebraska Supreme Court · 1962
- Mayfield v. Dwelling House Mutual InsuranceNebraska Supreme Court · 1931