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DARTMOUTH COLLEGE v. ROSE

No. 34979.

112 N.W.2d 256 (1961)

172 Neb. 764

DARTMOUTH COLLEGE, a Corporation, Appellee, v. Gerald ROSE and Gloria Rose, husband and wife, Lawrence Harris and Rosetta Harris, husband and wife, Appellants, impleaded with Ralph Ropken and Betty Ropken, husband and wife, Appellees.

Supreme Court of Nebraska.

December 1, 1961.

Attorney(s) appearing for the Case

Kindig, Beebe & McCluhan, Sioux City, Iowa, Cecil W. Orton, South Sioux City, Nebraska, for appellants.

Smith & Smith, South Sioux City, Nebraska, Woods, Fuller, Schultz & Smith, Sioux Falls, South Dakota, for appellees.

Heard before SIMMONS, C. J., CARTER, MESSMORE, YEAGER, SPENCER, BOSLAUGH, and BROWER, JJ.

MESSMORE, Justice.

This is an action in equity brought on July 28, 1959, by Dartmouth College, a corporation, against the defendants Gerald Rose and Gloria Rose, husband and wife, Lawrence Harris and Rosetta Harris, husband and wife, and Ralph Ropken and Betty Ropken, husband and wife. The purpose of this action was to quiet title to certain real estate described in the plaintiff's petition against all of the defendants, and to enjoin them from setting up or asserting...

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