THOMAS v. WELLER

No. 42233.

281 N.W.2d 790 (1979)

204 Neb. 298

Belva THOMAS and Marie Thomas, Appellants, v. Max WELLER, Appellee.

Supreme Court of Nebraska.

August 7, 1979.


Attorney(s) appearing for the Case

Jacobsen, Orr & Nelson, Kearney, for appellants.

Richard J. Hove, Kearney, for appellee.

Heard before KRIVOSHA, C. J., BRODKEY, and HASTINGS, JJ., and COADY and NORTON, District Judges.


COADY, District Judge.

This is an action brought by plaintiffs, as landowners of a fee interest, to enjoin the defendant, as owner of a hunting easement, from coming upon that portion of plaintiffs' land which they claim is not subject to the defendant's easement. After trial to the District Court, the trial judge held for the defendant and dismissed plaintiffs' petition. The plaintiffs appeal and we reverse the judgment of the trial court.

Since 1968 at least...

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