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McGINTY v. McGINTY

No. 40097.

237 N.W.2d 855 (1976)

195 Neb. 281

Joseph H. McGINTY, Appellant, v. Gerald V. McGINTY and Josephine McGinty, husband and wife, Appellees.

Supreme Court of Nebraska.

January 22, 1976.

Attorney(s) appearing for the Case

George H. Moyer, Jr., Moyer & Moyer, Madison, for appellant.

Sandra K. Olejniczak, South Sioux City, for appellees.

Heard before SPENCER, BOSLAUGH and BRODKEY, JJ., and COLWELL and RIST, District Judges.

COLWELL, District Judge.

This is an action in equity for an accounting and to set aside a quit claim deed executed September 20, 1968, by plaintiff Joseph H. McGinty, a single man, then aged 64 years, conveying 95.58 acres of land in Dakota County, Nebraska to his son, Gerald V. McGinty, and Josephine McGinty, husband and wife. The action was commenced May 8, 1969. Trial to the court was had beginning February 20, 1975, after several delays occasioned by plaintiff...

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