CAMPBELL v. KIRBY

No. 40246.

239 N.W.2d 792 (1976)

195 Neb. 610

Hugh CAMPBELL, Appellant, v. Francis J. KIRBY and Phyllis R. Kirby, his wife, et al., Appellees.

Supreme Court of Nebraska.

March 18, 1976.


Attorney(s) appearing for the Case

E. Dean Hascall, Hascall & Jungers, Bellevue, J. Patrick Green, Omaha, for appellant.

Vincent J. Kirby, Kirby, Duggan & McConnell, Norfolk, for appellees.

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


SPENCER, Justice.

This action involves the question of a resulting trust, a constructive trust, and whether or not the rights of the plaintiffappellant, Hugh Campbell, were barred by the statute of limitations. The trial court determined plaintiff's rights were barred by the statute of limitations and laches, and that plaintiff failed to prove a resulting trust. It reserved jurisdiction for the purpose of rendering a money judgment in favor of plaintiff and against...

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