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RUMBEL v. RESS

No. 34351.

91 N.W.2d 36 (1958)

166 Neb. 839

Manly RUMBEL and Lucinda Rumbel, Appellees-Cross-Appellants, v. L. N. RESS, State Engineer of the State of Nebraska, Appellee, Vaughn A. Hall, Appellant-Cross-Appellee, Safeway Stores, Incorporated, Intervener, Appellee-Cross-Appellant.

Supreme Court of Nebraska.

June 20, 1958.

Attorney(s) appearing for the Case

Joseph T. Votava, McCormack & McCormack, Omaha, for appellant.

Frost, Meyers & Farnham, Charles W. Peasinger, Omaha, for Rumbel.

C. S. Beck, Atty. Gen., Harold S. Salter, Asst. Atty. Gen., for Ress.

Kennedy, Holland, DeLacy & Svoboda, Thomas R. Burke, Omaha, for Safeway Stores, Inc.

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

MESSMORE, Justice.

This is an action in equity brought by Manly Rumbel and Lucinda Rumbel, husband and wife, plaintiffs, against L. N. Ress, State Engineer of the State of Nebraska, and Vaughn A. Hall, defendants, in the district court for Douglas County. The purpose of the action was to cancel a deed conveying a triangular tract of land comprising 0.0645 acres, more or less, which was acquired by the state for sight purposes at the intersection of Sixtieth Street...

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