Lee Shirk v. Pete Schmunk Et Al‪.‬

This appeal concerns an action brought by the plaintiffs to quiet title to certain land located along the North Platte River in Morrill County, Nebraska. Plaintiffs brought this action under section 34-301, R. R. S. 1943, alleging title to the land in question under the theory of adverse possession and the theory of mutual recognition and acquiescence. See Hakanson v. Manders, 158 Neb. 392, 63 N.W.2d 436 (1954). The answer filed by the defendants denied that the plaintiffs or their predecessors in title had acquired title to the land in question and separately alleged that the defendants had acquired such title through conveyance and/or through adverse possession. The District Court, after trial and an examination of the premises, found in favor of the plaintiffs on the theory of adverse possession and quieted title to the land in question in them. The defendants appeal alleging basically that the evidence was insufficient to establish the acquisition of title by adverse possession. The plaintiffs cross-appeal assigning as error the failure of the District Court to find that they had acquired title to the land in question through mutual recognition and acquiescence. We affirm the judgment of the trial court.