Filley v. Duncan
Nebraska Supreme Court
On the 20th of July 1859, Francis Bell was in possession of the south-west quarter of section thirty in township eight north, range fourteen east of the sixth principal meridian, situated in Otoe county, holding the legal title to an undivided half thereof, and, in some way not explained, being entitled to have the legal title to the other undivided half, from certain heirs in whom the same vested.
Read the full summary
On the 20th of July 1859, Francis Bell was in possession of the south-west quarter of section thirty in township eight north, range fourteen east of the sixth principal meridian, situated in Otoe county, holding the legal title to an undivided half thereof, and, in some way not explained, being entitled to have the legal title to the other undivided half, from certain heirs in whom the same vested. On that day he entered into a contract with Mrs. America Duncan, for the sale to her of the entire tract; and gave her a bond to convey the same to her, as soon as he should be able to make the…
1Opinion of the CourtCrounse, J.
At the time of making the contract of sale of the lands in question with Mrs. Duncan, Bell, it is conceded, was the owner of the undivided one half thereof. He was in possession of the premises, and agreed to convey the entire fee when he should receive deeds from certain heirs. What his interest was to this remaining one half does not appear. The circumstance that he. was in possession — cultivating the premises being of itself prima facie evidence of title — and the further fact that he did receive quit-claim deeds *137from the heirs, make it quite certain that he had some right to this…
2Cases cited4 opinions
- In re HoweNew York Court of Chancery · 1828
- Governeur v. LynchNew York Court of Chancery · 1830
- Edwards v. VarickCourt for the Trial of Impeachments and Correction of Errors · 1846
- Moyer v. HinmanNew York Supreme Court · 1853
3Cited by17 opinions
- Steward v. SirrineArizona Supreme Court · 1928
- Dalrymple v. Security Improvement Co.North Dakota Supreme Court · 1902
- Reid v. GormanSouth Dakota Supreme Court · 1916
- Dorsey v. HallNebraska Supreme Court · 1878
- Seaver v. HallNebraska Supreme Court · 1897
12 more not listed; retrieve them via the Exa API.