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ONSTOTT v. OLSEN

No. 36238.

142 N.W.2d 919 (1966)

180 Neb. 393

W. E. ONSTOTT et al., Appellants, v. Iler L. OLSEN and Dora Olsen, Appellees.

Supreme Court of Nebraska.

June 3, 1966.

Attorney(s) appearing for the Case

Van Steenberg, Winner & Wood, Scottsbluff, for appellants.

W. H. Kirwin, Scottsbluff, for appellees.

Heard before CARTER, SPENCER, BOSLAUGH, BROWER, SMITH and McCOWN, JJ., and SCHEELE, District Judge.

SPENCER, Justice.

This action involves two principal questions. First, whether a fence now existing between Sections 3 and 4 in Township 19 North, Range 55 West of the 6th P.M. in Banner County is a division fence; and, second, whether either a public or private easement exists for the use of a road west of the fence line.

Plaintiffs are the record owners of the southwest quarter of the southwest quarter of Section 3, hereinafter called the Onstott forty....

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