BARNES v. MILLIGAN

No. 40384.

241 N.W.2d 508 (1976)

196 Neb. 50

Faye Tinnin BARNES, Appellee, v. Harland S. MILLIGAN, Appellant, Impleaded with Glaideth Frank et al., Appellees.

Supreme Court of Nebraska.

April 28, 1976.


Attorney(s) appearing for the Case

Michael V. Smith, Smith & King, Gordon, for appellant.

Edmund Hollstein, Rushville, for appellee.

Heard before WHITE, C. J., and McCOWN, NEWTON and BRODKEY, JJ., and KORTUM, District Judge.


McCOWN, Justice.

This is an action involving title to and possession of certain ranch land lying between the boundary line described in conveyances, and a boundary fence erected and maintained for more than 10 years.

The plaintiff's original petition was an action for willful trespass and damages. The defendant Milligan's counterclaim asserted adverse possession of the disputed tract and prayed that title be quieted in him. Plaintiff's amended petition sought...

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