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- ~ - ~ --~- -~--~--~---------~-~~~- - --~- . R'tS VOL. 183] .ieh Cant_,,- v, WeinriCh ~e is conclusi_ tluot, ,'e established- tb~ actual, open, exclu- 'I' a claim of owner- wer 10 years, The .j/ski v. Ivlatters} 174 we said as follows: "se POSSession must ~'e~ aiicl cuntinuous ;p for the statutory 1S sufficient if the .l.I'pOSe to which it 'arstenson himself rposes oniy, mak~ 'as in actual use or my manner what- lat the sole use of tIe, The evidence , conjunction with ntH 1946 and that use of anv nature ion land south of Weinrichs and a Wiese, age 75, a hat the Weinrichs in dispute sinee property had no nd was used con- nriehs' testimony turing cattle eon- IdeI' a claim of puted, Denman sh.adnw on this JII that ill set.'Ur- in 1%1, Denman ,lion !;md to the .\\'iul'idlS to pas- ::"\l"S\NlSOn knew :i~ that the Weinrichs were using the property andw~ using it exclusively for their ownpurposesand-he_ 50 testified. Denman categorically denied this testUr/.QJly' and testified that never at any time in thehislory oftha- property had he claimed title to - or possession W the 13Y2-acre tract south of the deeded- property wt.dcl1.]ie conveyed to Carstenson by almost an - identical metes and bounds conveyance by which he had received iUn 1944. Besides t:he other testimony, tha contract-of sa1~ of real estate corroborates Denr: --- --'$ testimony in several respects_ Probaoly the In;": '..- ,!>ortant One .a that the property was ~GJc by thE ~,-~ and, under the contract,: Carstenson was to pay so much per acre according to what a survev would show. Carstenson himself had the survey made' and the purcha.se, price was paid according to a precise number of acres that were found as a result of the survey. In any event, besides these corroborat- ing circumstances, the trial court saw and observed the witnesses, heard the testimony, and founded its decision upon the theory of adverse possession. We can find no basis in the record for overturning this conclusion. We also note that the land was purchased for the purpose of digging gravel and that the property immediately south of the 13y:!-acre tract is not suited in its present siate for this purpose, This land borders on the Platte River and ai tunes a portion of it is under 'llater. It is not suitable for farm land or for any other purpose but which it has been used exclusively by the W,~inric-hx, mainly, the pasturing of cattle, It opens and forms a part of the other property \hat the Weillriehs own to the east and along the present north bank ch,-ulIwl ~.. l!'e Platte River, Carstenson recites the old case of Opp v. Smith, 96 Neb. 224, 147 N, W. 672 \1914), to the effect that adverse possession of property cannot be <lcqmred in :\ebraska by virtue of the pasturing uf c:'i.tUe.. TI hu!.- case involved pasturing on open range and the CIlTllJJ)' s\ances in this case of the l:.l';".acr~" renc.,t.I-1fl tract, ~~J)ing up and used in conjunction WIth \hc rcx\ of the ~~1[: .,.r""'.-:'~"'" L L L -~ I -1