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McCAIN v. COOK

No. 37094.

165 N.W.2d 734 (1969)

184 Neb. 147

James A. McCAIN and Rosemary L. McCain, husband and wife, et al., Appellees, v. Edna C. COOK et al., Appellants, Impleaded with John Doe, real name unknown, etc., Appellees.

Supreme Court of Nebraska.

March 7, 1969.

Attorney(s) appearing for the Case

Wright, Simmons & Hancock, Scottsbluff, for appellants.

Marvin L. Holscher, Scottsbluff, for appellees.

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

WHITE, Chief Justice.

This is a boundary dispute turning on the overlapping questions of adverse possession and mutual recognition of a boundary line fence for the statutory period of 10 years.

Plaintiffs McCain are the record title holders of two lots of unbroken pasture land bordered by the west line of Section 6, Township 22 North, Range 55 West of the 6th P.M., Scotts Bluff County, Nebraska. Adjoining on the west the defendants Cook own (and have since...

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