Omaha daily bee., 1902-06-17
SUPREME COURT sYLLABl

I16 Rawis against Relchenoack. Ap.
peal from Polk. Affirmed. Day, G. Divi-
I. The homesteads Of married persons in
ms state cannot be conveyed or incum-
bered unless the instrument by which Il is
conveyed or incumbered Is executed and
Acknowledged by both husband and wife.
q Where a husband and wife are occupy
Ing, premises as a homestead held by either
under a contract OF purchase the contract
cannot be assigned so as to create a lien
upon the premises except by an instrument
Saeeutea and acknowledged by both hus-
3. EVIDENCE examined and held SUFFICIENT
TO show the homestead character OF tho
premises at the time of the assignment OF
q Evidence examined and held to sustain
the defense of usury and that the debt had
been fully paid and discharged.
1000 Mcbride against Whitaker. Appeal
DUNE. c. Division No. 3.
nj; G nH Of land bounded upon 2 river
elusive right and title of the Srantee eH 70
the center Of the stream, unless the terms
OF the grant clearly denote the intention
the rule of the common law being that
proprietors OF land adjoining public rivers
the soil ad hlum aquatic.
q A grant of land bounded upon n nom
navlgable river made by the general gov
survey. which shows a meandered line
along the river bank, conveys TO the gran
parts OF islands as lie Within that iimit OF
.. The power to make and correct sur
veys OF the public lands belongs exclusively
TO the political department Of the general
government. and a plat OF a survey made
ana approved by that department cannot
be impeached In the courts except upon a
direct proceeding for that purpose "
"A party defendant in an action to
quiet title cannot be heard to complain
NAT the action was brought on the equity
side of the docket when by his answer he
mas INVOKED the action of the court in his
1893. Farmers and Merchants' Irriv,-
Eon company against Cozad Irrigation
m mentP, Hasti APpe% z f BITi,, Dawson S Judg-
l. Inc remedy by action of the under as
sistants provided for in chapter xclia.
does not prevent equity jurisdiction OF dis
putes between water appropriations over
matters not In terms confded TO such as
2 The right of a prior appropriation to
water is to get his allotted supply with
out unreasonable Inconvenience, because OF
the effect of subsequent appropriations.
g. The reasonable convenience IN getting
leaves It profitable 10 him to- take s oSt ,5 5s
water and In addition to that gives him
every advantage which he can have with
OUT causing a greater disadvantage TO n
subsequent Appropriation.
nl5S. Village of Bellevue against Belle
sarpy' Affirmed. Kirkpatrick. c., depart.
tue Of "s snbd'n V''i a. s ooaToi acting str 1 by yir;
xiv. article /. Compiled Statutes, vacates q
street, avenue. alley or lane, the land
within such street or alley Teverts to The
owners OF the adjacent real estate, one-haii
on each side thereof.
q Wher a village board, acting under
the provisions of sub. rs, section 60, chap.
ter xiv. article l, Compiled Statutes, annuis.
Vacates or discontinues any street or alley
and by ordinance declares such vacation
70 be expedient for the public good, and all
the provisions of the statute are observed
such action by the board has all the force
and effect Of a judgment.
o. only such irregularities as are turis.
dictional In their nature will render pro.
ceedings by q village board In vacating
streets and alleys void.
4, That. vacation proceedings are had by
and primarily for the benefit of certain
owners, whose property would be brheited
by such vacation, Is not ground for declar-
Ing the vacation ordinance void.
D. That certain abutting property owners
affected by the vacation Of streets and all
were not given notice of the proposed va.
cation is not ground for holding the ordi.
nance vacating the streets void.
8. Where the legislature has vested in a
subordinate board discretionary power In
vacate streets and alleys of a village, the
courts will not ordinarily look into the
motives influencing such board in doing a
T. Injunction will not lie to restrain own
ers of property abutting upon streets from
appropriating the land within such streets. .
who, In doing so, are acting upon the
faith OF an ordinance presumably valid
raised by the village board under the pro-
visions OF sub. 2S, section 50. chapter XIV
article J. Compiled Statutes.
8. Petition and held not to
state facts sufficient to entitle plaintiffs 10
any relief.