LIPPIRE v. ECKEL

No. 35780.

134 N.W.2d 802 (1965)

178 Neb. 643

Kenneth D. LIPPIRE and Leona C. Lippire, Appellants, v. Henry ECKEL and Verna Eckel, Appellees.

Supreme Court of Nebraska.

April 16, 1965.


Attorney(s) appearing for the Case

Andrew J. McMullen, Kearney, for appellants.

Kenneth H. Dryden, Kearney, for appellees.

Heard before WHITE, C. J., CARTER, YEAGER, SPENCER, BOSLAUGH and BROWER, JJ., and POLLOCK, District Judge.


POLLOCK, District Judge.

This is an action in ejectment to recover possession of an 11-foot strip of land in the city of Kearney. The defendants claim that because of a mutual mistake of the parties the south 10 feet of said strip of land was erroneously included in the description of land conveyed to plaintiffs by deed and they seek reformation of the instrument to conform to the true intention of the parties.

The plaintiffs Kenneth D. Lippire and Leona C...

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