FRANZ v. NELSON

No. 36882.

158 N.W.2d 606 (1968)

183 Neb. 137

George FRANZ and Mary Gertrude Franz, Appellants, v. Glen D. NELSON and Frieda G. Nelson, Appellees.

Supreme Court of Nebraska.

April 26, 1968.


Attorney(s) appearing for the Case

John A. Bottorf, David J. Maser, Sutton, for appellants.

Sullivan & Sullivan, Clay Center, for appellees.

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


NEWTON, Justice.

Plaintiffs and appellants are the owners of the south half of the southwest quarter of Section 10, Township 8 North, Range 6 West of the 6th P.M., in Clay County, Nebraska. Defendants and appellees are adjoining landowners.

In 1912, former owners of plaintiffs' property conveyed to Eldorado Township in said county a strip of ground to be used as a drainage ditch described as follows: "* * * a strip of land commencing 425 feet East of the middle...

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