BAILEY v. MAHR

No. 41091.

255 N.W.2d 866 (1977)

199 Neb. 29

Dan L. BAILEY et al., Appellee, v. Paul A. MAHR et al., Appellees, Impleaded with Wayne E. Shanks et al., Appellants.

Supreme Court of Nebraska.

July 13, 1977.


Attorney(s) appearing for the Case

Norris G. Leamer, South Sioux City, for appellants.

Smith, Smith & Boyd, South Sioux City, for appellees.

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


PAUL W. WHITE, Chief Justice.

This is a partition proceeding initiated by the plaintiff-appellee, owner of an interest in six tracts of real estate located in South Sioux City, Nebraska. Tracts IV and V were consolidated as one tract and generally conceded to be one and the same. The plaintiff, in his petition, asked that ownership of the tracts be determined and that the tracts be divided or sold according to law.

None of the defendants-appellants were initially...

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