DocketNumber: No. 6168
Citation Numbers: 45 Neb. 585
Judges: Ryan
Filed Date: 6/21/1895
Status: Precedential
Modified Date: 7/20/2022
The appellant in this case brought an action in the district court of Cass county against his brothers and mother and sisters for a decree which would vest in himself the title to a certain described 160 acres of land. His allegations and testimony were that in 1877 his father, since deceased, placed him in possession of the land and agreed to convey it to him j that until the death of his father in April, 1886, and afterward until the commencement of this action, he had continuously retained the possession given him by his father, and as expectaut owner had made valuable and permanent improvements. In respect to some of these facts his witnesses corroborated his testimony, — the continuity of his possession, however, they rendered doubtful. It was not disputed that the appellant’s father left a will which was duly probated without objection on the part of the appellant. This will bore date August 23, 1878, and was probated on the 18th of February, 1887. By its terms there was devised to appellant the tract involved in this litigation. This, however, was subject to the use and full control of said land by appellant’s mother during her life. The testimony which was at .all corroborative of that of the appellant was that his father had frequently said that he designed this land for appellant and accordingly had placed him in possession of it, but that he did not intend that appellant should be vested with the ownership while his parents were living. It is more than doubtful whether this last statement of the ancestor was corroborative of the claim of the appellant, for it was as consistent with the provisions of the will as with appellant’s theory, and perhaps more so. The testimony of appellant’s mother
Affirmed.