Home/Nebraska Supreme Court/Hammerly v. County of Dodge

Hammerly v. County of Dodge

185 N.W.2d 452, 186 Neb. 608, 1971 Neb. LEXIS 761
CourtNebraska Supreme Court
DecidedMarch 26, 1971
Docket37535
StatusPublished
Cited by2 cases

This text of 185 N.W.2d 452 (Hammerly v. County of Dodge) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hammerly v. County of Dodge, 185 N.W.2d 452, 186 Neb. 608, 1971 Neb. LEXIS 761 (Neb. 1971).

Opinion

White, C. J.

The plaintiff appeals from a decree in the district court *609 for Dodge County denying a .writ of mandamus and quieting title to the real estate involved in the interveners herein..

The action was commenced to require Dodge County; to lay out two roads through separate properties. The county, by its answer, denied the ownership of the land; in question but took the position that it was willing to’ act and construct the access road when ownership- of the property was determined by final judicial order.

LaVerle Morehouse, Richard C. Morehouse, Barbara Cook Campbell, and John D. Cook (hereinafter referred. to as Morehouse) and the executors of the Leonora P. Smith estate intervened in denying Hammerly’s owner- ■ ship of the land in question and asking that title .be-quieted in them. Although the petition prayed for a’ writ of mandamus, with the intervention of the purported adverse owners, the issue was finally joined the same as in a quiet title action turning on the issue-of adverse possession.

For illustrative purposes only, a chart based on ex-’ Mbits 1 and 2 is included in tMs opinion so a clear picture of the issue involved can be grasped. The Elk-horn River runs through the property.

The evidence shows that plaintiff Hammerly bought the west half of the southeast quarter (except a strip of land 33 feet wide on each side of a ditch located across the southwest quarter of the southeast quarter and a small strip of land wMch had been conveyed to the State of Nebraska). Crossing the river to the north and to the west, the interveners are the owners and in possession of the northwest quarter; the southwest quarter of the northeast quarter; the north half of the southwest quarter; and the south half of the southwest quarter; all of the land is located in Section 7, Township 18 North, Range 9 East, Dodge County, Nebraska. The interveners claim that part of the northwest quarter of the southeast quarter and that part of the southwest quarter of the southeast quarter lying west of the E-lkhorn *611 River and immediately adjacent to the property to which they have record title. The chart identifies this, as the property immediately to the north and to the west of the stream of the Elkhorn River.

*610

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Cite This Page — Counsel Stack

Bluebook (online)
185 N.W.2d 452, 186 Neb. 608, 1971 Neb. LEXIS 761, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammerly-v-county-of-dodge-neb-1971.