Monahan Cattle Company v. Goodwin
This text of 272 N.W.2d 774 (Monahan Cattle Company v. Goodwin) 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.
Opinion
This action is brought under sections 57-228 through 57-231, R. R. S. 1943, to extinguish the severed mineral interests owned of record by the defendants, and to vest the title to them in the plaintiff. The question presented is the constitutionality of these statutes as retroactively applied against these defendants. The trial court canceled the interest and vested title in the plaintiff. We reverse.
The issues involved herein are identical to those in Wheelock and Manning OO Ranches, Inc. v. Heath, Nos. 42118 and 42119, ante p. 835, 272 N. W. 2d 768 (1978). This case is therefore controlled by our decision therein that sections 57.-228, 57-229, 57-230, and 57-231, R. R. S. 1943, are unconstitutional insofar as those statutes may be interpreted to be retroactive in their operation.
The judgment of the District Court is reversed and the cause is remanded for the reasons stated.
Reversed and remanded.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
272 N.W.2d 774, 201 Neb. 845, 1978 Neb. LEXIS 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monahan-cattle-company-v-goodwin-neb-1978.