TOELLE v. PREUSS

No. 34938.

109 N.W.2d 293 (1961)

172 Neb. 239

Edwin C. TOELLE, Appellee, v. Albert C. PREUSS, Appellant.

Supreme Court of Nebraska.

May 19, 1961.


Attorney(s) appearing for the Case

H. M. Nicholson, Wisner, for appellant.

Moodie & Moodie, West Point, for appellee.

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


BOSLAUGH, Justice.

This is an action for equitable relief brought by the appellee as plaintiff against the appellant as defendant to enjoin the latter from interfering with the plaintiff's use of an easement across the defendant's land and quieting the title to the easement in the plaintiff. The district court found for the plaintiff and granted the relief sought. The defendant's motions for new trial were overruled and the defendant appealed.

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