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HAMMERLY v. COUNTY OF DODGE

No. 37535.

185 N.W.2d 452 (1971)

186 Neb. 608

Henry S. HAMMERLY, Appellant, v. COUNTY OF DODGE et al., Appellees, Laverle Morehouse et al., Interveners-Appellees.

Supreme Court of Nebraska.

March 26, 1971.

Attorney(s) appearing for the Case

Edward J. Robins, Fremont, for appellant.

Richard L. Kuhlman, County Atty., Fremont, for County of Dodge and others, appellees.

Sidner, Svoboda & Schilke, Fremont, for Morehouse and others, interveners-appellees.

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

WHITE, Chief Justice.

The plaintiff appeals from a decree in the district court for Dodge County denying a writ of mandamus and quieting title to the real estate involved in the interveners herein.

The action was commenced to require Dodge County to lay out two roads through separate properties. The county, by its answer, denied the ownership of the land in question but took the position that it was willing to act and construct the access road when ownership...

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