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JIRKA v. PRIOR

No. 40380.

243 N.W.2d 754 (1976)

196 Neb. 416

Adolph J. JIRKA et al., Appellees, v. Bertha M. PRIOR et al., Appellees, Impleaded with George H. Pester and Betty J. Pester, Appellants.

Supreme Court of Nebraska.

June 30, 1976.

Attorney(s) appearing for the Case

Kennedy, Holland, DeLacy & Svoboda, Omaha, for appellants.

Starr & Starr, Omaha, for Bertha M. Prior and others.

Perkins, Sacks & Hannan, Council Bluffs, Iowa, for Charles R. Hannan and Mary M. Hannan.

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

McCOWN, Justice.

This appeal involves an alleged resulting trust in certain Sarpy County real estate. Appellants, George H. and Betty J. Pester, by cross-petition, claimed a one-third interest in the property against the other defendants involved in the original action to quiet title. Motion for summary judgment was filed by the appellants, George H. and Betty J. Pester. An opposing motion for summary judgment was filed by the defendants holding interests acquired...

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