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STODDARD v. MONTGOMERY

No. 34677.

98 N.W.2d 875 (1959)

169 Neb. 252

Willard STODDARD, Appellee, v. Isabel MONTGOMERY and James Montgomery, husband and wife, et al., Appellees, Impleaded with John A. Bottorf, Appellant.

Supreme Court of Nebraska.

November 6, 1959.

Attorney(s) appearing for the Case

John A. Bottorf, pro se, Sutton, for appellant.

Wright, Simmons & Harris, Scottsbluff, for appellee.

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

BOSLAUGH, Justice.

The object of this action was the partition of the real estate described in the record. The original petition did not accurately allege the shares of the owners of the real estate or the existence of an encumbrance on a part of the land as found and confirmed by the judgment of the trial court. Shirley Gemar, a defendant in the case, the owner of one-sixtieth of the real estate, by answer filed in the action correctly alleged the shares of the owners...

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