Brown v. Jacobsen Land & Cattle Co.
297 Neb. 541
| Neb. | 2017Background
- Jacobsen owns land in Banner County; Brown owns adjacent property and claims part of Jacobsen’s land by adverse possession.
- Brown filed a lis pendens and Brown alleged ownership of the disputed property.
- The State moved to intervene, asserting ownership and an interest in the property under § 25-328.
- The district court granted intervention but limited the State as a ‘subsequent purchaser’ under lis pendens and barred evidence opposing Brown’s adverse-possession claim.
- Jacobsen withdrew from the case; the State sought to participate fully but trial proceeded with Brown presenting evidence only.
- The trial court found Brown possessed the land by adverse possession; the State appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State is a subsequent purchaser under lis pendens. | Brown | State | State is a subsequent purchaser under § 25-531 |
| Whether lis pendens precludes the intervenor from offering evidence | State limited as subsequent purchaser | State may defend like a party | Lis pendens does not bar intervenor evidence; State may participate |
| Whether the State’s intervenor rights were properly exercised given Jacobsen’s withdrawal | Brown | State as intervenor can defend its interest | State entitled to defend; cannot be barred by lis pendens status |
| Whether the trial court erred in granting on the merits of adverse possession | Brown | State rights affected | Remand for new trial; merits reconsideration |
Key Cases Cited
- Hadley v. Corey, 137 Neb. 204 (1939) (subsequent purchaser may defend like original defendant)
- Munger v. Beard & Bro., 297 Neb. 0 (2017) (lis pendens not to bar known liens from defense; proportional scope)
- Kirchner v. Gast, 169 Neb. 404 (1959) (intervenor status carries party rights)
- Kelliher v. Soundy, 288 Neb. 898 (2014) (interpretation of lis pendens statute; notice binds successors)
- Lenich (Nebraska Civil Procedure), Neb. Rev. Stat. § 25-330 (commentary) (2008) (intervenors have rights to discovery and evidence)
- Hadley v. Corey, 137 Neb. 204 (1939) (scope and purpose of lis pendens; hold status quo)
- Walsh v. State, 276 Neb. 1034 (2009) (appellate review on issues not presented to trial court)