RULE v. ROTH

No. 41261.

261 N.W.2d 370 (1978)

199 Neb. 746

Eugene RULE, Conservator of the Estate of Emma Rule, Appellant, v. Richard ROTH and Mary J. Roth, husband and wife, Appellees.

Supreme Court of Nebraska.

January 11, 1978.


Attorney(s) appearing for the Case

John H. McArthur and A. James McArthur, Lincoln, for appellant.

Perry, Perry, Witthoff & Guthery and Thomas M. Haase, Lincoln, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY and WHITE, JJ.


SPENCER, Justice.

This is an action brought by a conservator to set aside a real estate purchase agreement and deed on the grounds of undue influence and misrepresentation. The trial court found plaintiff failed to sustain his burden of proof and dismissed the petition. We affirm.

The action involves a 92-acre tract purchased by Emma Rule in 1957 for approximately $94 per acre. She immediately rented the land to defendants who were tenants on an adjacent 148...

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