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BORS v. McGOWAN

No. 33630.

68 N.W.2d 596 (1955)

159 Neb. 790

Joseph BORS, Jr., and Jean Bors, Appellees, v. James A. McGOWAN and Zita McGowan, Appellants.

Supreme Court of Nebraska.

February 18, 1955.

Attorney(s) appearing for the Case

Hutchinson & Hurst, Sioux City, Iowa, S. W. McKinley, Jr., South Sioux City, for appellants.

Kirkpatrick & Dougherty, York, for appellees.

Gerald F. Beaver, York, amicus curiae.

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

CHAPPELL, Justice.

Plaintiffs, Joseph Bors, Jr., and Jean Bors, his wife, brought this action in equity against defendants, James A. McGowan and Zita McGowan, his wife, seeking to enjoin them from interfering with plaintiffs' right of ingress and egress over a 16½ foot roadway extending east and west one-half mile across defendants' farm; to enjoin defendants from interfering with plaintiffs' right to repair and improve the roadway in order to permit travel over...

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