ADVERSE POSSESSION - FUTURE INTERESTS - ADVERSE POSSESSION AGAINST REMAINDERMEN

The life tenant of the premises in controversy purported to convey a fee title to defendant in 1920 and defendant has been in continuous possession claiming a fee title ever since. The life tenant died in 1931, and in 1938 the plaintiff remainderman commenced an action to clear his title and recover possession. The defendant claimed title by adverse possession on the ground that, since the remainderman had a statutory right to bring a suit to quiet title during the pendency of the life estate, the present action was barred by the ten year statute of limitations on actions to recover title or possession of land. Held, the action is not barred.

The statute of limitations did not run until the death of the life tenant. Maxwell v. Hamel, (Neb. 1940) 292 N.W.38.