Legal Opinion

Snowden v. Tyler

Nebraska Supreme Court

Decided January 15, 1887PublishedCited by 20 opinions

Appeal from the district court of Otoe county. Heard below before Mitchell, J. 1. A quit-claim deed acts as an estoppel. Franklin v. Kelley, 2 Neb., 111. The holder of title under a quit-claim is protected by statute. Morris v. Daniels, 35 O. St., 406, 420. A quit-claim deed in a chain of title does not deprive him who claims under it of the character of a bona fida purchaser..

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Appeal from the district court of Otoe county. Heard below before Mitchell, J. 1. A quit-claim deed acts as an estoppel. Franklin v. Kelley, 2 Neb., 111. The holder of title under a quit-claim is protected by statute. Morris v. Daniels, 35 O. St., 406, 420. A quit-claim deed in a chain of title does not deprive him who claims under it of the character of a bona fida purchaser.. Chapman v. Sims, 53 Miss., 154. Brown v. Banner Coal Co., 97 111., 215. MeConnel v. Feed, 4 Scam., 117. Morgan v. Clayton, 61 111., 40. Bradbury v. Davis, 5 Col., 265. Fox v. Hall, 74 Mo., 315. Willingham v. Hardin, 75…

1Opinion of the Court

Maxwell, Ch. J.

The plaintiffs brought an action against the defendants in the district court of Otoe county, and alleged in their petition—

“That in January, 1867, one Elijah Snowden — the father of the said plaintiffs — died at his residence in Indi-, ana, a widower, and seized of the following described real estate situate in Otoe county, Nebraska, to-wit: Section twenty-three (23) township seven (7) range eleven (11) E., containing 640 acres.
“ That said Elijah Snowden, at his death, left the following children: Adaline, now the wife of Samuel J. Leedy; Catharine, now the wife of Sylvesfer…

2Cases cited3 opinions

  1. Alexander and Other v. PendletonSupreme Court of the United States · 1814
  2. Jackson ex dem. Harris v. HarrisNew York Supreme Court · 1811
  3. Gregory v. Lancaster County BankNebraska Supreme Court · 1884

3Cited by20 opinions

  1. Raymond v. FlavelOregon Supreme Court · 1895
  2. Arlington Mill & Elevator Co. v. YatesNebraska Supreme Court · 1898
  3. Bowman v. GriffithNebraska Supreme Court · 1892
  4. Boynton v. HaggartCourt of Appeals for the Eighth Circuit · 1903
  5. Clemmer v. Drovers' National BankIllinois Supreme Court · 1895

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