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CARY v. ARMBRUST

No. 33706.

70 N.W.2d 427 (1955)

160 Neb. 392

Dan CARY and Cornelia S. Cary, substituted as Plaintiffs for John F. Nelson, Jr., Appellants, v. Otto A. ARMBRUST, Helen Armbrust, Appellees. Impleaded with: John L. Armbrust, an incompetent person, et al., Appellants. Impleaded with: Peter Hansen, Jr., et al., Appellees.

Supreme Court of Nebraska.

May 13, 1955.

Attorney(s) appearing for the Case

Cranny & Moore, Omaha, for appellants Cary.

George L. DeLacy, Omaha, for appellant Armbrust.

Jack W. Marer, Samuel V. Cooper, Omaha, for appellees.

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

YEAGER, Justice.

This is an action for partition of real estate by Dan Cary and Cornelia S. Cary, plaintiffs and appellants, against John L. Armbrust, defendant and appellant; and Otto A. Armbrust, Helen Armbrust, Peter Hansen, Jr., and Bernice Hansen, defendants and appellees. A trial was had to the court following which a decree was entered in which it was adjudged that the plaintiffs were the owners of an undivided three-fifths interest in the land in question...

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