Home/Nebraska Supreme Court/O'Brien v. Gaslin

O'Brien v. Gaslin

20 Neb. 347
CourtNebraska Supreme Court
DecidedJuly 15, 1886
StatusPublished
Cited by24 cases

This text of 20 Neb. 347 (O'Brien v. Gaslin) 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
O'Brien v. Gaslin, 20 Neb. 347 (Neb. 1886).

Opinion

Maxwell, Ch. J.

This is an action of ejectment brought by Gaslin against the plaintiffs in error to recover the possession of lots 8, 9, and 12 in Griffin & Smith’s Addition to the city of Omaha. The defendants below (plaintiffs in error) in their answer deny that Gaslin has any right or title to said real estate; allege that the land was conveyed by Jane A. North, on the 21st of September, 1857, to August Graeter, in trust for her minor son, James E. North, and plead the statute of limitations. On the trial of the cause a verdict was rendered in favor of Gaslin upon which judgment was rendered. The cause is now brought into this court by petition in error, there being 63 assignments' of error. Many of these errors are unimportant, and only such as are deemed material will be noticed.

The testimony shows that the land in controversey was entered in July, 1857) by Jane A. North, and that she received a patent therefore in 1860; that in September, 1857, she conveyed the land in question by warranty deed to Augustus Graeter, jr.; that in October following Augustus Graeter, jr., by warranty deed conveyed an undivided half of said land to. James E. North; that on the same day Augustus Graeter, jr., conveyed an undivided half of said land to Augustus Graeter, sr.; that on January 9, 1858, James E. North conveyed by warranty deed an undivided half oí said land to Augustus Graeter, jr.

The following is an abstract from the records of the conveyances affecting said real estate :

[349]*349

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Bluebook (online)
20 Neb. 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obrien-v-gaslin-neb-1886.