TILLOTSON v. STEPHENS

No. 39960.

237 N.W.2d 108 (1975)

195 Neb. 104

Richard E. TILLOTSON, Appellant, v. John F. STEPHENS and Clifford A. Becker, Appellees, and B. C. Mfg., Inc., Intervenor-Appellee.

Supreme Court of Nebraska.

December 31, 1975.


Attorney(s) appearing for the Case

Kirby, Duggan & McConnell, Norfolk, for appellant.

Brogan & Stafford, P. C., Norfolk, for appellees.

Hutton & Garden, Norfolk, for B. C. Mfg., Inc., intervenor-appellee.

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


NEWTON, Justice.

This is an action to recover the value of a steel grain drying bin in which plaintiff had an interest as a conditional sale purchaser, but the bin was erected on the land of another which was subsequently mortgaged, foreclosed, and sold. Plaintiff appeals from a dismissal of his petition. We affirm the judgment of the District Court.

Plaintiff alleges error in two respects. First, that the case should not have been taken from the jury; and...

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