LUKOWSKI v. DELESKI

No. 38971.

212 N.W.2d 577 (1973)

190 Neb. 771

John LUKOWSKI et al., Appellees, v. Louis DELESKI and Tekla Deleski, husband and wife, Appellants, Impleaded with Thomas W. Deleski et al., Appellees.

Supreme Court of Nebraska.

November 30, 1973.


Attorney(s) appearing for the Case

Haessler, Sullivan & Inbody, Wahoo, for appellants.

Collins & Collins, James T. Gleason, Omaha, for appellees.

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


SMITH, Justice.

The District Court found for plaintiffs and impressed a constructive trust on record title of defendants to a farm. Defendants Louis and Tekla Deleski appeal. The issue is the existence of the oral agreement claimed by plaintiffs.

Tom Lukowski, now deceased, purchased the farm in 1944. In 1945 defendants, Louis Deleski and his wife, Tekla, daughter of Tom, moved on to the land to live and farm, remaining there until 1953. Tom and Louis had...

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