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GETTEL v. HESTER

No. 34230.

86 N.W.2d 613 (1957)

165 Neb. 573

Wilbur GETTEL, Appellant, v. Burdette HESTER, who is one and the same person as Burdette L. Hester and Alma R. Hester, husband and wife, Appellees.

Supreme Court of Nebraska.

December 13, 1957.

Attorney(s) appearing for the Case

Torgeson, Halcomb & O'Brien, John D. Knapp, Kimball, for appellant.

Van Steenberg & Myers, George P. Burke, Kimball, for appellees.

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

CHAPPELL, Justice.

Plaintiff, Wilbur Gettel, brought this action in equity, seeking to quiet fee simple title in him as against defendants, Burdette Hester and Alma R. Hester, his wife, to the north half and the southwest quarter of Section 4, Township 13 North, Range 56 West of the 6th P.M., in Kimball County, Nebraska. Plaintiff's amended petition, filed August 18, 1956, alleged in substance that he was the owner in fee simple of all the land, but Burdette Hester...

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