Craven v. Craven

• Citation: 94 N.W. 604,68 Neb. 459
• Decision Date: 09 April 1903
• Docket Number: 12,755
• Parties: JOHN CRAVEN, APPELLANT, v. MARTHA A. CRAVEN ET AL., APPELLEES
• Court: Supreme Court of Nebraska

94 N.W. 604

68 Neb. 459

JOHN CRAVEN, APPELLANT, v. MARTHA A. CRAVEN ET AL., APPELLEES

No. 12,755

Supreme Court of Nebraska

April 9, 1903

APPEAL from the district court for Merrick county: JAMES A GRIMISON, DISTRICT JUDGE. Affirmed.

Affirmed.

John Patterson, for appellant.

W. T Thompson, J. C. Martin and P. S. Heaton, contra.

OLDHAM C. BARNES and POUND, CC., concur.

OPINION

OLDHAM, C.

On August 29, 1881, the United States government issued a patent to William, Peter, John and Maggie Craven for a quarter section of land situated in Merrick county, Nebraska. Afterwards these parties all appear to have left the state of Nebraska, leaving an agent to look after their interests in the property. Taxes accumulated on the property, and defendant Lamb, having purchased tax sale certificates, obtained a tax deed from the treasurer of Merrick county for the land in dispute on May 27, 1887. This deed was recorded, and Lamb took possession under it, plowed a firebreak around the land, and began cultivating it. In January, 1888, Peter Craven, one of the grantees named in the patent, returned to Nebraska and purchased the land from defendant Lamb, and took a quitclaim deed for the quarter section from Lamb and wife, and recorded the same with the register of deeds of Merrick county. He thereupon executed a five-year lease of the premises to Lamb and Lamb remained in possession under this lease until after its expiration. In 1892 Peter Craven departed this life, and his wife, Martha A. Craven, for herself and the minor heirs of Peter Craven, deceased, executed a further lease of the premises for a period of five years to Lamb. Both of these leases were duly recorded; the condition of each being that Lamb would pay all taxes accruing on the property, and deliver possession in case the land was sold by the lessor. Lamb held continuous possession of the premises under these leases for about thirteen years.

On July 30, 1901, John Craven, one of the four tenants in common of the land, instituted this cause of action to quiet title to the land in himself and his other cotenants, and to cancel the tax deed from the treasurer of Merrick county to Lamb, and the quitclaim deed from Lamb and wife to Peter Craven, and asked for an accounting with defendant Lamb for the reasonable value of the rents and profits of the premises during his thirteen years' occupancy.

Martha A. Craven and her children filed answers alleging the ownership of the premises as heirs of Peter Craven, deceased, under the deed from Lamb, and alleging that this title had been perfected by an adverse possession held under this deed for a period of fourteen years. Defendant Lamb also answered, alleging that he was rightfully in possession of the premises under the leases from Peter and Martha A. Craven, and that he had fully complied with all the conditions of the leases. The heirs of the other two tenants in common made no appearances and filed no pleadings. Under the issues thus joined, the trial court found for the answering defendants and dismissed plaintiff's petition, and plaintiff brings the cause to this court by appeal.

The contention of plaintiff is (1) that the tax deed conveyed no title to Lamb; and (2) that the possession of Peter...