Dzingle v. Krcilek

Summary

The Nebraska Supreme Court affirmed dismissal of the plaintiff's boundary claims and upheld the surveyed quarter-section boundary between the siblings' properties. The court held that the common grantor rule applies to conveyances described by lot numbers, not property described under the Public Land Survey System, and that mutual recognition and acquiescence could not apply because the parties had not owned the adjoining tracts for 10 years and their mother had owned both tracts. The court also rejected reformation because the plaintiff did not establish fraud or inequitable conduct by clear, convincing, and satisfactory evidence. No separate opinions were filed.