FLEURY v. CHRISMAN

No. 41395.

264 N.W.2d 839 (1978)

200 Neb. 584

Yvonne FLEURY, Appellee, v. Marvin CHRISMAN, Appellant.

Supreme Court of Nebraska.

April 12, 1978.


Attorney(s) appearing for the Case

Vincent J. Kirby, Norfolk, for appellant.

Deutsch, Jewell, Otte, Gatz, Collins & Domina, Norfolk, for appellee.

Heard before SPENCER, McCOWN, CLINTON and BRODKEY, JJ., and COADY, District Judge.


CLINTON, Justice.

This is an action in equity to impress a constructive trust upon an undivided one-half interest in a quarter section of land in Cedar County, Nebraska, for an accounting of rents and profits, and for partition of the land. The defendant answered by general denial and by pleading the affirmative defenses of the statute of frauds, and that the cause of action was barred by the statute of limitations as well as laches. After trial on the merits, the...

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