Omaha & Florence Loan & Trust Co. v. Barrett
Nebraska Supreme Court
Error to the district court for Douglas county. Tried below before Hopewell, J. Defendant’s possession was without claim of right and might have continued indefinitely, without tolling the right of entry of the owner in fee. (Ewing v. Burnet, 11 Pet., 41; Slcinner v. Crawford, 54 la., 119; Colvin v. R. V. Land Ass’n, 23 Neb., 80.) Being without the necessary intention which makes it adverse, it will be presumed to continue as it began.
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Error to the district court for Douglas county. Tried below before Hopewell, J. Defendant’s possession was without claim of right and might have continued indefinitely, without tolling the right of entry of the owner in fee. (Ewing v. Burnet, 11 Pet., 41; Slcinner v. Crawford, 54 la., 119; Colvin v. R. V. Land Ass’n, 23 Neb., 80.) Being without the necessary intention which makes it adverse, it will be presumed to continue as it began. (Link v. Doerfer, 42 Wis., 391.) To convert such an entry into a hostile holding, there must be notice equivalent to a new entry, for it is a claim of right…
1Per curiam
This is an action to recover the possession of lots 1 and 6 in block 88, and lots 1 and 2 in block 89, in the city of Florence, Douglas county.
The answer is a general denial, and that the plaintiff’s cause of action did not accrue within ten years next before the bringing of the action.
The action was brought on the 5th day of November, 1887. On the trial of the cause in the court below, a verdict was rendered in favor of the defendant, and á motion for a new trial having been overruled, judgment was entered on the verdict.
A number of errors are assigned in this court, particularly in regard…
2Cases cited5 opinions
- Same v. SameNebraska Supreme Court · 1885
- Haywood v. ThomasNebraska Supreme Court · 1885
- Levy v. YergaNebraska Supreme Court · 1889
- Obernalte v. EdgarNebraska Supreme Court · 1889
- Petersen v. TownsendNebraska Supreme Court · 1890
3Cited by2 opinions
- Walker v. BellNebraska Supreme Court · 1951
- Dredla v. PatzNebraska Supreme Court · 1907