Morton v. Green
Nebraska Supreme Court
Error to tbe District Court for Lancaster County. It was ejectment brought by Morton, Hopkins, & Manners, against Green & Smith, to recover tbe south half of tbe north-east quarter of section twenty-one (21), and the north half of tbe south-east quarter of section twenty-one (21), and tbe south-east quarter of the northwest quarter of said section twenty-one (21), all in township number ten (10), north of range number six (6), east of the sixth principal meridian.
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Error to tbe District Court for Lancaster County. It was ejectment brought by Morton, Hopkins, & Manners, against Green & Smith, to recover tbe south half of tbe north-east quarter of section twenty-one (21), and the north half of tbe south-east quarter of section twenty-one (21), and tbe south-east quarter of the northwest quarter of said section twenty-one (21), all in township number ten (10), north of range number six (6), east of the sixth principal meridian. Green & Smith being lessees of the State, it intervened to defend the title. The petition and the answer of Green & Smith were in…
1Opinion of the CourtCkoense, J.
This was an action to recover the possession of lands, commonly styled an action of ejectment, and is purely legal in its character. The plaintiffs assert and must maintain a legal title to the lands claimed. Sect. 626, Code of Civil Procedure. By the laws of some States, ejectment may be sustained by proof of an equitable right to the lands, the possession of which is sought-, and an examination of some of the cases urged upon the attention of this Court will show them to have arisen under laws of that kind, and of course they can have no bearing here.
The plaintiffs claim as grantees of one…
2Cases cited3 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Kendall v. United States Ex Rel. StokesSupreme Court of the United States · 1838
- People ex rel. Brewer v. KiddMichigan Supreme Court · 1871
3Cited by8 opinions
- Carroll v. PatrickNebraska Supreme Court · 1888
- NP Dodge Mgmt. Co. v. HolcombNebraska Supreme Court · 2023
- Adams v. CouchSupreme Court of Oklahoma · 1891
- Tiernan v. Miller & LeithNebraska Supreme Court · 1903
- Empey v. PlugertWisconsin Supreme Court · 1885
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