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MENTZER v. DOLEN

No. 35742.

131 N.W.2d 671 (1964)

178 Neb. 42

Clyde I. MENTZER and Bernice I. Mentzer, husband and wife, Appellees, v. Phylory R. DOLEN, also known as Phylory Dolen, Appellant, Impleaded with Francis S. Dolen, State Federal Savings and Loan Association, a Corporation, and Harold E. Eilers and Charlotte M. Eilers, husband and wife, Appellees.

Supreme Court of Nebraska.

December 11, 1964.

Attorney(s) appearing for the Case

Ginsburg, Rosenberg, Ginsburg & Krivosha, Lincoln, for appellant.

Frank C. Sidles, Davis, Thone, Bailey & Polsky, C. M. Pierson, Lincoln, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH and BROWER, JJ., and ROBERT L. SMITH and ROBERT L. FLORY, District Judges.

SPENCER, Justice.

This is an action in equity brought by Clyde I. Mentzer and Bernice I. Mentzer, husband and wife, plaintiffs and appellees, hereinafter referred to as plaintiffs or by their given names where necessary, against Phylory R. Dolen, defendant and appellant, hereinafter referred to as defendant, to quiet title in the plaintiffs to the south 2 feet of Lot 1, Block 1, Ellendale addition to Lincoln, Lancaster County, Nebraska. The trial court quieted title...

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