Brown County v. Rock County
| Decision Date | 21 April 1897 |
| Docket Number | 7236 |
| Citation | 70 N.W. 943,51 Neb. 277 |
| Parties | BROWN COUNTY v. ROCK COUNTY |
| Court | Nebraska Supreme Court |
ERROR from the district court of Brown county. Tried below before BARTOW, J. Affirmed.
AFFIRMED.
J. S Davisson, R. M. Logan, and Munger & Courtright, for plaintiff in error.
This action was brought in the district court of Brown county by Rock county and its board of county commissioners to recover from Brown county the alleged value of the interest of Rock county in certain real property. There was a judgment for the sum of $ 4,386 against the defendant, which prosecutes this proceeding in error.
It was alleged in the petition that "on the 28th day of December, A. D. 1888, the plaintiff, Rock county, was, in the manner provided by law, duly created and erected out of a portion of the territory of said Brown county as then existing." By the answer the above averments of the petition were admitted. This admission, however, was immediately followed by the statement that "plaintiff county was a duly organized and existing county on November 6, 1888, and that plaintiff and defendant counties were divided by reason of an election held therefor on said 6th of November, 1888." By the reply the averment of the answer that Rock county was duly organized and existing on November 6, 1888, was denied. In view of this condition of the pleadings, we think it should be assumed that by the pleadings themselves it was established that Rock county was duly created and erected out of a portion of the territory of Brown county, on December 28, 1888. This disposes of some contentions made in argument based upon the assumption that Rock county was created and erected on November 6, 1888. Between themselves, the authorities of Brown and Rock counties agreed to a division of the personal assets held and debts owing by Brown county before Rock county was created out of a portion of the territory of Brown county. The matter in litigation in this case was the value of the square upon which stood the court house and jail. This square is in the territory which at present constitutes a portion of the territory of Brown county, and that county uses it, with all of its appurtenances, for county purposes. It denies however, that it should be held to account for its proportion of the value of this real property to Rock county, for the reasons which shall now be considered.
It is insisted that Brown county does not hold a fee-simple title and that, therefore, it should not be held liable for anything more than a...
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