15 Neb. 432 | Neb. | 1884
This is an action to quiet title. A decree was rendered in the court below in favor of the plaintiff, from which the defendant appeals to this court. It appears from the record that in May, 1872, one Jacob R. Gilmore obtained a patent from the United States for the north-east quarter of section seven, in township nine north, range one west, in York county; that a few days prior to that time, but after he was the owner of the land, he conveyed said land directly to his wife by a warranty deed; that in December, 1873, Catharine E. Gilmore, the wife of Jacob R. Gilmore, by warranty deed conveyed “ all that certain piece of land lying in the bend of the West Blue river, described and bounded as follows: Commencing at a point in the center of the West Blue river about five rods west of the point where the center line of said river crosses the east line of sec. No. seven, of township No. nine north, of range No. one west, thence nearly due west along the top or brow of the bluff on the south side of said river, and past a stake on said bluff until this line strikes the center of said West Blue river at a point about thirty rods west from the place of beginning, thence along the center of said Blue river towards the east to the point of beginning, containing four and three-quarters acres more or less.” The consideration
Objection is made that the conveyance being direct from Gilmore to his wife that no title passed by such deed, and
Objection is made that the form of the action should be ejectment, and not to quiet title, but as the plaintiff has the prior deed, and thereby constructive possession of the land in dispute, and as the defendant is not in actual possession of the same, the plaintiff may maintain an action to quiet title. The description of the premises would not be definite but for the fact that the land conveyed is in a bend of the river, and the line running westwardly from one point on the river to another passes along the brow of the bluff. This point fixes the limit from the bend in the river, and the testimony tends to show that the line can thereby be
Judgment affirmed.