Monday, November 25, 2013

Kresha v. Kresha case brief

Kresha v. Kresha case brief summary
371 N.W.2d 280 (Neb. 1985)


CASE SYNOPSIS
Plaintiff mother brought a forcible entry and detainer action against defendant son to obtain possession of certain land. The county court dismissed the action and the District Court for Polk County (Nebraska) affirmed the dismissal. The mother appealed.

CASE FACTS
The court found that the mother was co-owner of the land in question with her husband, the father. The father, without the mother's consent, leased the land to the son for a six-year period. When the mother learned of the lease, she filed an action for separate maintenance against the father and was awarded the land in question. The mother then attempted to terminate the lease, but the son continued his occupancy. Then the mother filed the instant forcible entry and detainer action, which the lower courts dismissed.

DISCUSSION

  • On appeal, the mother contended that the lower courts erred in determining that the lease was valid as to the father's interest in the land, which the father had at the time of the lease's execution. 
  • The court disagreed, however, holding that one of several tenants in common was entitled to lease his own interest to a third person. 
  • The mother also contended that the lower courts erred in determining that the judge who dissolved the marriage considered the son's leasehold interest when distributing the property. 
  • The court held that the mother took the property subject to the lease because she knew at the time of acquisition that the property was encumbered by the lease.

CONCLUSION
The court affirmed the district court's order, which affirmed the county court's dismissal of the forcible entry and detainer action.

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