SMITH v. BERBERICH

No. 34565.

95 N.W.2d 325 (1959)

168 Neb. 142

Frank E. SMITH et al., Appellees, v. Mae BERBERICH et al., Appellees, Impleaded with DeForrest R. Smith et al., Appellants.

Supreme Court of Nebraska.

March 6, 1959.


Attorney(s) appearing for the Case

Neighbors & Danielson, Scottsbluff, for appellants.

Robert J. Bulger, Bridgeport, for appellees.

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


BOSLAUGH, Justice.

The ownership of the northwest quarter of Section 10, Township 19 North, Range 52 West of the 6th P.M., in Morrill County, hereafter generally referred to as the land, is the controversy in this litigation. Frank E. Smith, Earl W. Smith, Raymond T. Smith, Verna M. Smith, Henry D. Smith, Harvey L. Smith, and Harold F. Smith, appellees, asserted ownership of the fee of the land subject to an oil and gas lease made by them as lessors. DeForest R. Smith...

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