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CIZEK v. CIZEK

No. 41501.

266 N.W.2d 68 (1978)

201 Neb. 4

Charlie CIZEK, Appellant, v. Richard L. CIZEK, Calvin Carey Cizek, Betty Ann Grothe and Joseph T. Callahan, as Trustee under the Testamentary Trust set out in the Last Will and Testament of Joseph Cizek, a/k/a Joe Cizek, Deceased, Appellees.

Supreme Court of Nebraska.

May 17, 1978.

Attorney(s) appearing for the Case

Marc J. Weinpel of Peetz, Peetz & Weinpel, Sidney, for appellant.

Donald J. Tedesco, Sidney, for appellees.

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

PAUL W. WHITE, Chief Justice.

Plaintiff brought this action in equity seeking to have a deed declared a mortgage and set aside, and for an accounting. Defendants filed a demurrer which was sustained. Plaintiff was allowed additional time to amend his petition, and did so. Defendants renewed their demurrer to plaintiff's amended petition, and it was again sustained. Plaintiff was allowed additional time to further amend his petition, but elected to stand on his petition...

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