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DRYCLEANERS ACCEPTANCE CORPORATION v. THURSTON

No. 36054.

140 N.W.2d 657 (1966)

179 Neb. 805

DRYCLEANERS ACCEPTANCE CORPORATION, Appellee, v. Francis E. THURSTON, Maxine M. Thurston, Appellants, Impleaded with Jack R. Boarts, d/b/a Bon Ton Cleaners, Appellee, Consolidated in District Court with Drycleaners Acceptance Corporation, Appellee, v. Ernest J. Arp, Sheriff of Sarpy County, Nebraska, Appellee, Francis E. Thurston and Maxine M. Thurston, Intervenors-Appellants.

Supreme Court of Nebraska.

March 4, 1966.

Attorney(s) appearing for the Case

Robert Saxton, Omaha, for appellants.

Edward J. Baburek, George H. Thompson, Omaha, for Drycleaners Acceptance Corp.

Dixon G. Adams, Bellevue, for Ernest J. Arp.

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

SMITH, Justice.

The single issue in both cases is the necessity for recordation of a conditional sale contract in the county to which the property was removed by the buyer, a nonresident of Nebraska, despite timely recordation in the county where the property had been located. The seller's assignee claimed a lien senior to a creditors' lien under a writ of attachment. The district court rendered judgment for the assignee in both cases, and the attaching creditors...

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