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KUBICEK v. KUBICEK

No. 37787.

186 N.W.2d 923 (1971)

186 Neb. 802

John J. KUBICEK and Bertha B. Kubicek, Husband and Wife, Appellees, v. Edward M. KUBICEK and Frank R. Kubicek, Appellants.

Supreme Court of Nebraska.

May 7, 1971.

Attorney(s) appearing for the Case

Gerald J. Hallstead, Crete, Joe T. Vosoba, Wilber, for appellants.

Jack L. Craven, Crete, for appellees.

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

SPENCER, Justice.

Defendants, Edward M. and Frank R. Kubicek, appeal from the granting of partition of 268¼ acres of land in Saline County, Nebraska, and the dismissal of their cross-petition for specific performance of an alleged agreement for voluntary partition. Plaintiffs are John J. Kubicek, a brother of the defendants, and his wife. The parties will be hereinafter referred to by their Christian names. Frank owns an undivided one-half interest, and John...

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