Summary
In Real v. Hollister, 20 Neb. 112, it was decided that in an action for breach of the covenant for quiet enjoyment, the plaintiff must allege and prove that he had been turned out of possession, or had yielded to a paramount title, and, applying that doctrine in this case, the state courts held that the Missouri Pacific company could not maintain its claim for damages, because its possession had not been disturbed or its title questioned.
Summary of this case from Missouri Pacific Railway v. FitzgeraldOpinion
October, 1920.
Judgment of County Court reversed and judgment of Municipal Court affirmed, with costs of this appeal and in the County Court to the appellant. Held, that a question of fact was made out which the Municipal Court decided upon sufficient evidence. All concur.