Wright v. Grimes

Decision Date08 November 1894
Citation60 N.W. 902,42 Neb. 596
PartiesWRIGHT ET AL. v. GRIMES.
CourtNebraska Supreme Court
OPINION TEXT STARTS HERE
Syllabus by the Court.

The evidence in this case examined, and found to support the finding of the district court, and the decree affirmed.

Appeal from district court, Johnson county; Broady, Judge.

Action by William R. Wright and Sytha Phillips against La Fayette Grimes and others to cancel a tax title, and to quiet title in plaintiffs. From a decree for defendant Grimes, plaintiffs appeal. Affirmed.T. Appelget and C. K. Camberlain, for appellants.

S. P. Davidson and J. Hall Hitchcock, for appellee.

RAGAN, C.

On the 13th day of August, 1890, William R. Wright and Sytha Phillips brought this suit to the district court of Johnson county against La Fayette Grimes et al. In their petition, Wright and Phillips set out: That they were the owners of the following described real estate, situated in Johnson county, Neb., to wit: “The W. half (1/2) of the S. W. quarter (1/4) of section twenty-five (25), and the S. E. quarter (1/4) of the S. E. quarter (1/4) of section 26, all in township six (6) north, and range nine (9) E. of the 6th P. M. That they were the owners of said land by inheritance from one Hiram J. Wright, to whom the lands were patented by the United States government in 1861. That the defendant Grimes claimed title to said lands under and by virtue of a tax deed dated November 24, 1874. They alleged that said tax deed was void, for numerous reasons assigned in the petition. They prayed for an accounting of the rents, profits, taxes, and interest, and improvements on said land, and offered to pay whatever the court might find to be due Grimes by reason thereof, and prayed that said tax title might be canceled, and that the title to said lands might be confirmed and quieted in them, the said Wright and Phillips. Grimes, in his answer to this petition, alleged, in substance, that Wright and Phillips had brought against him, in the district court of Johnson county, a suit in all respects similar to the one at bar, on the 8th of December, 1888, and that on the 26th day of December in said year he had compromised and settled said case with them by paying them $410 in cash, and that they had then and there executed and delivered to him a quitclaim deed of all their interests in said lands; that said deed was duly witnessed, acknowledged, and recorded; and that at the same time the said Wright and Phillips had voluntarily dismissed the said action...

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