55 Neb. 22 | Neb. | 1898
This action of ejectment was brought in the district court of Washington county by Anton Michelson against Samuel J. Gustin. The real property involved was the north half of the northwest quarter of section 27, in township 18 north, range 12 east, 6th principal meridian. In accordance with a peremptory instruction of the court there was a verdict for plaintiff. For a reversal of the judgment entered on said verdict this proceeding in error is prosecuted by Gustin.
In Michelson v. Hyde, 34 Neb. 60, there was involved the title to the above described land and that of the north half of the northeast quarter of the same section. The appellants who made this contest in that case were John Lothrop and his wife, Hortense Lothrop. In the case at bar there seems to have been some reliance by Lothrop on the defect in the power of attorney made by Welcome Hyde to Samuel Hyde. This ground was held unavailing in Michelson v. Hyde, supra, and, therefore, will be dismissed with a simple reference to the discussion of the facts in that case.
After the filing of the opinion it seems that the case of Michelson v. Hyde, supra, was remanded to the district court and that as parties the Lothrops ceased to figure in the further litigation. Subsequently, on September 28, 1892, the heirs of Charles Powell quitclaimed to Hortense Lothrop their interest in the undivided half of the north half of the northwest quarter of the section hereinbefore described. This quitclaim deed was filed for record October 3, 1892. On April 1, 1893, Hortense Lothrop and her husband, John Lothrop, quitclaimed their interest in the undivided half of the north half of the northwest quarter of section 27, aforesaid, to Samuel J. Gustin, who, thereunder, justified his
AFFIRMED.'