Bulgrin v. Schlechte

• Citation: 88 Neb. 278,129 N.W. 272
• Decision Date: 09 January 1911
• Docket Number: No. 16,248.,16,248.
• Parties: BULGRIN ET AL. v. SCHLECHTE ET AL.
• Court: Nebraska Supreme Court

88 Neb. 278

129 N.W. 272

BULGRIN ET AL.

v.SCHLECHTE ET AL.

No. 16,248.

Supreme Court of Nebraska.

Jan. 9, 1911.

Syllabus by the Court.

Where the only question presented on appeal to this court is one of law, which has already by frequent decisions of this court become the settled law in this state, it will not ordinarily be again considered.

Appeal from District Court, York County; Corcoran, Judge.

Action by Alexander A. M. Bulgrin and others against Alma Schlechte and others. Judgment for plaintiffs, and defendant Alma Schlechte appeals. Affirmed.Chas. F. Stroman, guardian ad litem, for appellant.

A. B. Taylor (Arthur G. Wray, of counsel), for appellees.

FAWCETT, J.

The facts in this case, which the brief of defendant concedes “are not in dispute,” are: Albert L. Bulgrin died intestate about October 25, 1889. At the time of his death he was the owner of and occupied as a homestead the S. E. 1/4 of section 33, township 10 N., range 1 W., of the 6th P. M., in York county, Neb. He left surviving four children, Alexander, Paul, Wanda, and Robert, and his widow, Emma. In the settlement of his estate the probate court entered the following decree: “It is therefore ordered, adjudged, and decreed that said homestead of Albert L. Bulgrin, deceased, descend to Emma Bulgrin, the widow of Albert L. Bulgrin, deceased, in absolute title, subject to the incumbrance on the same, and that she pay to the other heirs their shares as follows”: To the four children above named the sum of $330.25 each. These sums she never paid. Later on she married one Lewis Schlechte. Defendant was the issue of said second marriage. About October 11, 1899, Emma died, and in the settlement of her estate the county court entered the following decree: “The court finds that the deceased died seised of real estate as follows”--describing the land as above set out. In that decree the county court also adjudged that the four children of Albert L. and Emma Bulgrin, and the defendant, Alma Schlechte, were the heirs of Emma, deceased, and that the five “are entitled to, and that the said property, both real and personal, descends to them equally, share and share alike.” Plaintiffs brought this suit in the district court of York county to quiet their title as against the decrees entered by the county court. The court entered a decree in their favor as prayed, and defendant, by her guardian ad litem, appeals.

As stated in defendant's brief, “the matter resolves itself into a...