76-209. Deed; after-acquired interest; effect.
When a deed purports to convey a greater interest than the grantor was at the time possessed of, any after-acquired interest of such grantor to the extent of that which the deed purports to convey shall accrue to the benefit of the grantee; Provided, however, such after-acquired interest shall not inure to the benefit of the original grantee or his heirs or assigns, if the deed conveying said real estate was either a quitclaim or special warranty, and the original grantor in any case shall not be estopped from acquiring said premises at judicial or tax sale, upon execution against the grantee or his assigns, or for taxes becoming due after date of his conveyance.
R.S.1866, c. 43, § 56, p. 291;
Laws 1875, § 1, p. 91;
R.S.1913, § 6193;
C.S.1922, § 5592;
C.S.1929, § 76-107;
R.S.1943, § 76-209.
Statute has no application where grantor transfers a less interest than he possesses. Gettel v. Hester, 165 Neb. 573, 86 N.W.2d 613 (1957).
Property of grantor, acquired subsequently to making of deed, passed to grantee, and filing of transcript and the issuance of an execution, did not create a lien thereon. Trudeau v. Fischer, 96 Neb. 275, 147 N.W. 698 (1914).
If mortgage deed purports to convey whole property, an after-acquired interest of mortgagor will accrue to title conveyed by the mortgage. Pulver v. Connelly, 93 Neb. 188, 139 N.W. 1014 (1913).
If grantor obtains an instrument that evidences and fortifies the estate which his deed purports to convey, such instrument inures to the benefit of the grantee. Ford v. Axelson, 74 Neb. 92, 103 N.W. 1039 (1905).
Title acquired by patent issued subsequent to conveyance by grantor inures to the benefit of grantee. Lyon v. Gombert, 63 Neb. 630, 88 N.W. 774 (1902).
An after-acquired title by a grantor in a deed of quitclaim does not inure to his grantee. Troxell v. Stevens, 57 Neb. 329, 77 N.W. 781 (1899); Hagensick v. Castor, 53 Neb. 495, 73 N.W. 932 (1898).