48 Neb. 688 | Neb. | 1896
This action was commenced in the district court of Gage county by plaintiff, the relief prayed for being to
It is claimed that the court had no jurisdiction in this action to try the question of the conflicting titles and grant the defendant Black affirmative relief. In an action quia timet in this state the question of title between the parties may be fully litigated and determined and a decree rendered assigning the title to the real estate, or any part of it, to the party entitled thereto. (Compiled Statutes, 1895, sec. 58, ch. 73: Snowden v. Tyler, 21 Neb., 199.)
It appears from the evidence that on March 14, 1881, one Otto Yaeger received from the United, States, through its proper land officer, a certificate of purchase of the lands in controversy in the case at bar, and on December 15 of the same year, 1881, received a final certificate of purchase, entitling him to a patent for the land. It fur ther appears that the money to make both the first and final payment of the purchase price of the land was furnished by one Thomas Yule, and that on March 14, 1881, the date of the first payment, Yaeger executed and delivered to Yule a quitclaim deed, in which the real .estate in suit was described. The other conveyances which figure in the title, and which we need notice, were as follows:
Affirmed.