§ 25-2126 — Ejectment; actions between tenants in common; complaint; allegations

In an action by a tenant in common of real property against a cotenant the plaintiff must state, in addition to what is required in section 25-2124 , that the defendant either denies the plaintiff's right, or did some act amounting to such denial.

Legislative History

Source: R.S.1867, Code § 628, p. 505; R.S.1913, § 8241; C.S.1922, § 9194; C.S.1929, § 20-2126; R.S.1943, § 25-2126. Annotations: Lease by tenant in common of an entire estate is void as to interest of his cotenants. Jackson v. O'Rorke, 71 Neb. 418, 98 N.W. 1068 (1904). Where tenant in common denies title of cotenants, and is in possession of and claiming property, such holding is adverse. Craven v. Craven, 68 Neb. 459, 94 N.W. 604 (1903). Statute of limitations need not be pleaded. Oldig v. Fisk, 53 Neb. 156, 73 N.W. 661 (1897). Tenant in common can recover only to extent of his title. Kirk v. Bowling, 20 Neb. 260, 29 N.W. 928 (1886).