Ejectment; actions between tenants in common; complaint; allegations.

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  2. Nebraska Revised Statutes
  3. Courts; Civil Procedure
  4. Ejectment; actions between tenants in common; complaint; allegations.

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25-2126. Ejectment; actions between tenants in common; complaint; allegations.

In an action by a tenant in common of real property against a cotenant the plaintiff must state, in addition to what is required in section 25-2124, that the defendant either denies the plaintiff's right, or did some act amounting to such denial.

Source

  • R.S.1867, Code § 628, p. 505;
  • R.S.1913, § 8241;
  • C.S.1922, § 9194;
  • C.S.1929, § 20-2126;
  • R.S.1943, § 25-2126.

Annotations

  • Lease by tenant in common of an entire estate is void as to interest of his cotenants. Jackson v. O'Rorke, 71 Neb. 418, 98 N.W. 1068 (1904).

  • Where tenant in common denies title of cotenants, and is in possession of and claiming property, such holding is adverse. Craven v. Craven, 68 Neb. 459, 94 N.W. 604 (1903).

  • Statute of limitations need not be pleaded. Oldig v. Fisk, 53 Neb. 156, 73 N.W. 661 (1897).

  • Tenant in common can recover only to extent of his title. Kirk v. Bowling, 20 Neb. 260, 29 N.W. 928 (1886).


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