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WELLS v. MILLER

No. 35046.

115 N.W.2d 137 (1962)

173 Neb. 780

Glenn E. WELLS, Appellant, v. Norman H. MILLER, Trustee, Appellee.

Supreme Court of Nebraska.

May 18, 1962.

Attorney(s) appearing for the Case

Spear, Lamme & Simmons, Fremont, for appellant.

Sidner, Lee, Gunderson & Svoboda, Fremont, Fraser, Wenstrand, Stryker, Marshall & Veach, Omaha, for appellee.

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

CARTER, Justice.

The plaintiff Wells brought this suit on August 29, 1959, praying for a mandatory injunction to compel the defendant Miller to restore a road ditch along the south side of Miller's farm to its former condition. The trial court found for the defendant and the plaintiff has appealed.

The defendant is the legal owner of the south half of the southwest quarter of Section 19, Township 17, Range 10, and other adjoining land, in Dodge County, Nebraska...

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