PIKE v. TRISKA

No. 34092.

84 N.W.2d 311 (1957)

165 Neb. 104

Catherine S. PIKE, revived in the names of A. R. Johnson, Executor of the Estate of Catherine S. Pike, deceased, Anna Sexton, William Pike, Ora Russell, et al., Appellants-Cross-Appellees, v. Clarence A. TRISKA, Emily J. Triska and LeRoy A. DeVoe, Appellees-Cross-Appellants.

Supreme Court of Nebraska.

July 12, 1957.


Attorney(s) appearing for the Case

Halligan & Mullikin, North Platte, W. I. Tillinghast, Ogallala, and Geo. B. Hastings, Grant, for appellants.

Baskins & Baskins, North Platte, McGinley, Lane, Powers & McGinley, Ogallala, for appellees.

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


CHAPPELL, Justice.

On September 18, 1952, Catherine S. Pike originally brought this action as plaintiff against defendants, Clarence A. Triska, Emily J. Triska, his wife, and LeRoy A. DeVoe, seeking to set aside and cancel a contract and warranty deed allegedly procured on July 28, 1950, by mistake, fraud and misrepresentation of defendant, Clarence A. Triska. Plaintiff also sought to compel said defendant to give an accounting of rents, profits received, and expenses...

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