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YUNGHANS v. O'TOOLE

No. 41104.

258 N.W.2d 810 (1977)

199 Neb. 317

Kathryn M. YUNGHANS and Robert Yunghans, Appellees, v. James P. O'TOOLE, Appellant, impleaded with Pawnee County Bank, Pawnee City, Nebraska and all other persons having or claiming any interest in the S 1/2 and the S 1/2 of the NE 1/4 of Sec 23 Twp in, Range 10E of the 6th P.M. Pawnee County, Nebraska, and the NW 1/4 of Sec 26 TWP in, Range 10 east of the 6th P.M., real names unknown, Appellees.

Supreme Court of Nebraska.

October 26, 1977.

Attorney(s) appearing for the Case

Griffiths & Gildersleeve, Auburn, for appellant.

Richard R. Endacott of Knudsen, Berkheimer, Endacott & Beam, Lincoln, for appellees.

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

McCOWN, Justice.

The plaintiff, Kathryn M. Yunghans, brought this action against the defendant, James P. O'Toole, her brother, to partition 560 acres of farmland in Pawnee County, Nebraska. Kathryn's husband, Robert Yunghans, was joined as a plaintiff solely because of the marital interest. The District Court sustained plaintiffs' motion for summary judgment, and entered judgment that plaintiff Kathryn M. Yunghans and her brother were owners of the real estate as...

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