PIERCE v. FONTENELLE

No. 33182.

55 N.W.2d 658 (1952)

156 Neb. 235

PIERCE v. FONTENELLE et al.

Supreme Court of Nebraska.

November 28, 1952.


Attorney(s) appearing for the Case

Moodie & Burke, West Point, Ralph M. Anderson, Tekamah, for appellants.

Ellenberger & Pipher, Tekamah, for appellee.

William W. Graham, Omaha, for appellees.

Paul W. Eagleton, Tekamah, Alfred D. Raun, Walthill, Van Pelt, Marti & O'Gara, Lincoln, for intervener appellee.

Before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


CHAPPELL, Justice.

Plaintiff commenced this action to partition described farm lands, alleging that he was and had been the owner in fee simple of an undivided one-ninth interest therein since July 14, 1939. Defendants included the sole heirs at law of Eugene Fontenelle who died January 12, 1944, the executors of his estate, and The Federal Land Bank of Omaha, which at all times here involved concededly had a first mortgage on the premises.

Thereafter Gerald...

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