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BALLARD v. DAVENPORT

No. 35817.

133 N.W.2d 13 (1965)

178 Neb. 293

Raymond A. BALLARD, Administrator of the Estate of Ann Jean Byron, Deceased, Appellant, v. Richard L. DAVENPORT, Administrator of the Estate of Irvin Eaton, Deceased, Appellee.

Supreme Court of Nebraska.

February 11, 1965.

Attorney(s) appearing for the Case

Dean L. Donoho, Valentine, for appellant.

Spittler & O'Kief, Valentine, Rush C. Clarke, North Platte, for appellee.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, BROWER, SMITH, and McCOWN, JJ.

CARTER, Justice.

The plaintiff sought to recover possession of certain clothing, jewelry, and furniture from the defendant by replevin. At the close of plaintiff's evidence the court directed a verdict for the defendant. Plaintiff has appealed.

The evidence shows that on June 21, 1958, Irvin Eaton and Ann Jean Byron were married by a ceremonial marriage in the State of Nevada. Thereafter they resided in Valentine, Nebraska, where they lived together as husband...

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