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WALKENHORST v. APOLIUS

No. 35423.

122 N.W.2d 875 (1963)

175 Neb. 583

Don WALKENHORST, Appellee, v. Theodore A. (Jim) APOLIUS et al., Appellees, Impleaded with A. H. Adams (First and real name unknown), Appellant.

Supreme Court of Nebraska.

July 12, 1963.

Attorney(s) appearing for the Case

Hastings & Wanek, Grant, for appellant.

Frank B. Svoboda, Ogallala, W. C. Conover, Grant, Fred Schroeder, Jr., Curtis, for appellees.

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

MESSMORE, Justice.

This is the second appearance of this case in this court. Walkenhorst v. Apolius, 172 Neb. 830, 112 N.W.2d 31. The case was instituted as an action in equity by Don Walkenhorst to foreclose a thresherman's lien on wheat grown by Theodore A. (Jim) Apolius, hereinafter referred to as Jim Apolius or Jim, a tenant on land described as the east half of Section 6, Township 12 North...

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