MUSIL v. BERANEK

No. 33699.

69 N.W.2d 885 (1955)

160 Neb. 269

Bessie C. MUSIL, Appellee, v. Otto E. BERANEK (Revived in the name of Helen Beranek, as Administratrix with Will Annexed of Otto E. Beranek, deceased) and Helen Beranek, Appellants.

Supreme Court of Nebraska.

April 22, 1955.


Attorney(s) appearing for the Case

Torgeson, Halcomb & O'Brien, Kimball, Blackledge & Sidner, Kearney, for appellants.

C. J. Mingus, Ravenna, DeWayne Wolf, Kearney, for appellee.

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


CARTER, Justice.

This is a suit in equity instituted by the plaintiff, Bessie C. Musil, against Otto E. Beranek and other defendants, to establish a constructive trust on 80 acres of land in Buffalo County and to secure a partition thereof. The trial court found that the land should be impressed with a constructive trust, that plaintiff was the owner of a one-third interest therein, and that the land should be partitioned. Pending a hearing on a motion for a new trial...

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