GERDES v. SPETMAN

No. 40731.

249 N.W.2d 210 (1977)

197 Neb. 406

Gene E. GERDES and Alice Gerdes, Appellants, v. Olga M. SPETMAN, Appellee, Impleaded with Gladys Fairhead and Garould J. Fairhead, Appellants, Impleaded with Erwin Dye, et al., Appellees.

Supreme Court of Nebraska.

January 19, 1977.


Attorney(s) appearing for the Case

Fisher & Fisher, Charles A. Fisher, Charles F. Fisher, Chadron, for appellants.

Herbert M. Sampson, III, Alliance, for appellees.

Heard before WHITE, C. J., BOSLAUGH, NEWTON and BRODKEY, JJ., and KUNS, Retired District Judge.


BOSLAUGH, Justice.

This is an appeal from an order sustaining a motion for summary judgment and dismissing a partition action. The land involved is the east half of Section 1, Township 24 North, Range 48 West of the 6th P.M. in Box Butte County, Nebraska.

The present record title holders are all descendants of John Fred Spetman and Eliese P. Spetman who had three children. Olga M. Spetman, a daughter, is the record owner of an undivided one-third interest...

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