102 Neb. 187 | Neb. | 1918
Action to qniet title. The state of Nebraska filed a petition alleging that John O’Connor died intestate, leaving surviving him no widow or kindred; that he owned real estate, described in the petition, which upon his death escheated to the state, and that it is now the owner of the same. It also alleges that over one hundred persons, naming them, claim some interest or title to the real estate, and asks that the title be quieted in the state. Answers were filed by a large number of defendants claiming to be the owners of an interest in the property by reason of being heirs of John O’Connor, deceased. A large amount of testimony was taken. The court found that none of the defendants had any interest in the property, and quieted the title in the state.
Three different sets of persons, claiming to be heirs of John O’Connor, have appealed. Each member of these three groups of claimants, while contesting the claim of the state that the property has escheated for want of heirs, is equally positive in denying that the other sets of claimants have any interest in the property. It is contended by the appellants Oleson: (1) That the action was prematurely brought; (2) that the district court has no jurisdiction to determine the respective claims of persons claiming to be heirs of a deceased person; (3) that, proceedings to determine the question of heirship to the estate of John O’Connor being then pending between the same parties in the county court, this action cannot be maintained.
It is shown by the record that administration proceedings are still pending in the county court of
It was stated at the argument that the motive which prompted the bringing of this action in the district court while administration proceedings were still pending in the county court was that, during the pendency of In re Estate of Keller, the state of Nebraska, had been denied the right to intervene and contest the question of heirship with an alleged heir whose claim was believed to be fraudulent. The judgment in that case was reversed; it being held that the state had a right to intervene, and to establish, if it could, that there were no heirs. In Re Estate of Keller, 101 Neb. 115.
When John O’Connor died, if he had no heirs, his real estate at once escheated to the state without the aid of legal proceedings, and the state has a right in such event to bring an action to quiet its title. But there
This action should be abated until the final determination of the administration proceedings in the
Reversed.