Billingsley v. Ricketts

• Decision Date: 01 July 1891
• Parties: BILLINGSLEY v. RICKETTS.
• Court: Nebraska Supreme Court

32 Neb. 438
49 N.W. 443

BILLINGSLEY
v.
RICKETTS.

Supreme Court of Nebraska.

July 1, 1891.

Syllabus by the Court.

In an action of ejectment, where a deed was omitted in the chain of the defendant's title, but there was proof tending to show that such a deed had in fact been executed, but not recorded, held, that a judgment in favor of the defendant conformed to the testimony, and is affirmed.

Error to district court, Lancaster county; FIELD, Judge.

[49 N.W. 443]

L. W. Billingsley and Pound & Burr, for plaintiff in error.

Lamb, Ricketts & Wilson, for defendant in error.

MAXWELL, J.

This is an action of ejectment brought by the plaintiff against the defendant in the district court of Lancaster county, to recover the possession of the N. E. 1/4 of the S. W. 1/4, section 27, township 10 N., range 6 E., and damages for digging up and carrying away 2,000 cubic yards of building

[49 N.W. 444]

sand, of the alleged value of $500. The defendant in his amended answer first interposes certain denials, and for a second defense says: “Wealthy P. Gregory, through whom the plaintiff claims title, is the mother of one John S. Gregory, the plaintiff's counsel of record in this case; that one E. Mary Gregory is the wife of said John S. Gregory; that the plaintiff in this suit is not the real party in interest, but is simply an alter ego for said John S. and E. Mary Gregory, who is the real party in interest; that on or about the 17th day of February, 1880, the said John S. Gregory desired to sell to this defendant the said premises, then representing the legal title to be in one Harry E. Wells. He then gave to the plaintiff what he claimed to be the chain of title to said premises, viz., that the title passed from the United States to one Emerson H. Eaton, and from said Eaton to E. Mary Gregory, his wife, by sheriff's deed; from E. Mary Gregory to John S. Gregory, her husband; to Wealthy P. Gregory; from Wealthy P. Gregory and husband back to E. Mary Gregory and John S., her husband; to Mary E. Sweetland; and from Mary E. Sweetland to Harry E. Wells. That the said defendant was induced to rely upon said statement, and thereupon purchased said land, taking from said Wells a warranty deed, except taxes and tax-deeds, and then believed that he was getting a good and perfect title, except as to outstanding tax-title and taxes, and had no actual notice to the contrary. That during the spring of 1880 this defendant took actual possession of said premises, and caused to be erected thereon a...