Baty v. Elrod
Nebraska Supreme Court
Error from the district court for Madison county. Action in ejectment involving title. Tried below before Cones, J. Judgment for defendants. Plaintiff brings error. Tyler and Moyer: The burden of proving adverse possession rests upon the party alleging it. The' doctrine of adverse possession is to be construed strictly, and such possession can not be made out by inference, but only by clear and positive proof.
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Error from the district court for Madison county. Action in ejectment involving title. Tried below before Cones, J. Judgment for defendants. Plaintiff brings error. Tyler and Moyer: The burden of proving adverse possession rests upon the party alleging it. The' doctrine of adverse possession is to be construed strictly, and such possession can not be made out by inference, but only by clear and positive proof. And this is especially true when the party in possession relies upon the statute of limitations. Weeping Water v. Reed, 21 Nebr., 261; Oolvin v. Republican Valley Land Ass’n, 23 Nebr.,…
1Opinion of the Court
Lobingier, C.
This is an action of ejectment involving the title to a strip of land eighty rods long and about 100 feet wide, situated in section 14, township 22 'north, range 2 west, in Madison county, Nebraska. The north half of the southwest quarter of the section was entered as a homestead in 1872, by one John Horsham, who received his patent from the government in 1881, and conveyed the land to the defendants jointly in 1882. The latter, who are husband and wife, conveyed the land to their daughter in 1894, and she on the same day conveyed to her mother, the defendant Mrs. Anna M. Elrod,…
2Cases cited2 opinions
- Grube v. WellsSupreme Court of Iowa · 1871
- Mills v. PennySupreme Court of Iowa · 1888
3Cited by9 opinions
- Beneficial Life Ins. Co. v. WakamatsuIdaho Supreme Court · 1954
- Andrews v. HastingsNebraska Supreme Court · 1909
- Zweiner v. VestNebraska Supreme Court · 1914
- Morse v. CochranNebraska Supreme Court · 1936
- Fisher v. PaupSupreme Court of Iowa · 1920
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