Lane v. Abbott

• Decision Date: 28 February 1888
• Citation: Lane v. Abbott, 23 Neb. 489, 37 N.W. 82 (Neb. 1888)
• Parties: LANE v. ABBOTT.
• Court: Nebraska Supreme Court

23 Neb. 489

37 N.W. 82

LANE

v.ABBOTT.

Supreme Court of Nebraska.

February 28, 1888.

Syllabus by the Court.

In order that a plaintiff may recover real estate in an action of ejectment, his description of the land in dispute must be such as would enable a competent surveyor to locate it by referring to deeds, writings, or known objects by which the exact land can be identified.

Plaintiff claimed the possession of certain lots and blocks in Lane's addition to Pleasant Hill, describing them by their numbers. The addition was surveyed and platted in 1871, after which the proprietor sold the lots described in plaintiff's petition, and which had been conveyed to plaintiff. The plat is described by the record as being south and west of the original town of Pleasant Hill “on southeast 1/4 of section 9, town seven, (7,) range three, (3,) east Saline county, Nebraska.” No other description, location, or monuments are given. There is no plat of the original town of Pleasant Hill. The certificate of the surveyor described it as “part N. E. 1/4 S. E. 1/4 sec. 9, T. 7, R. 3 east, * * * W. C. 50 links S.; N. E. corner of S. E. 1/4, walnut stake, 2 inches square, one foot long, var. 10° 30' east.” No other description or monuments are given. In 1877 the proprietor sold and conveyed to defendant the land on which the survey had been made, describing it by the government survey, and not as a platted town. At that time, and prior thereto, the land was used as a farm, and has so been used by defendant since his purchase until the commencement of this action. It was held that, as the lots were incapable of identification, plaintiff could not recover.

Error to district court, Saline county; MORRIS, Judge.

Ejectment by James K. Lane against Ezra S. Abbott. Judgment for defendant, and plaintiff brings error.Hastings & McGintie, for plaintiff in error.

Ezra S. Abbott, pro se, (Robert Ryan with him.)

REESE, C. J.

This was an action in ejectment for the possession of certain lots and blocks in William H. Lane's addition to Pleasant Hill, in Saline county. The cause was tried to the district court, and, a judgment being rendered in favor of defendant, plaintiff prosecutes error to this court. A number of questions are presented for decision, but in our opinion it is necessary to examine but one, and that is whether there was sufficient proof of the identity of the real estate involved to entitle plaintiff to a judgment. We think there was not. Both parties claim from the same common grantor, William H. Lane. A deed to defendant was executed by Lane and wife on the 16th day of March, 1877, which includes the following-described real estate, to-wit: “All that part of the south-east quarter (S. E. 1/4) of section No. nine, (9,) in township No. seven, (7,) N. of range No. three, (3,) east of the 6th P. M. described as follows, to-wit: Commencing at the north-west (N. W.) corner of said south-east quarter, (S. E. 1/4;) thence south one hundred and sixty (160) rods to the south line of said section; thence east on said south line one hundred and thirty-two (132) rods; thence north one hundred and sixty (160) rods to the center line of said section; thence west one hundred and thirty-two (132) rods on said center line to the place of beginning. Also the south-east quarter (S. E. 1/4) of the south-west quarter (S. W. 1/4) of said section. Also the north half (N. 1/2) of the north-east (N. E. 1/4) quarter of section number sixteen, (16,) town No. 7, north of range No. three, (3,) east of the 6th P. M. All of said land lying and being in Saline county, Nebraska.” Plaintiff's title consists of conveyances executed by William H. Lane to various persons, to whom the several lots seem to have been sold prior to the conveyance of W. H. Lane to defendant, and through conveyances from such purchasers to himself. It is, perhaps, true that on the 4th day of August, 1871, W. H. Lane platted a part of this land as his addition to Pleasant Hill, the certificate of the county surveyor and of the platters being as follows:

“WILLIAM H. LANE'S FIRST ADDITION TO PLEASANT HILL.

Pleasant Hill is situated south and west of the original town plat of said town on south-east 1/4 of section (9,) town seven, (7,) range three, (3,) east, Saline county, Nebraska. The addition includes blocks No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14, and part blocks 15, 16, 17, 18, 19, and 20. Blocks are sixteen rods square. Streets five (5) rods wide, except Eighth St., Sixth St., south of Franklin St., and Franklin west of Sixth, which are 2 1/2 rods wide; alleys one rod wide. Lots four (4) by seven and one-half (7 1/2) rods, except lots one (1) and six (6) in part blocks (15;) lots one (1) and six (6) in part block (16;) and lots one (1) and six (6) in part block (17;) which are (2 1/2) by 7 1/2 rods, and lots 1 and 2 in block 3; lots 1 and 2 in block 4; lots one and two in block 5; and lots 1 and 2 in block (6;) which are 8 by 16 rods square. The chainman being duly sworn J. K. Lane and Walter Smith.

G. B. VAN LIEW, Deputy Co. Surveyor.

We, W. H. Lane and Annie R. Lane, his wife, hereby certify that we are the legal owners of the above-described land on which W. H. Lane's First addition to the town of Pleasant Hill is situated, and that the above description as represented...