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IMPERIAL SERV. CORP. v. PHIPPS

No. 42668.

288 N.W.2d 749 (1980)

205 Neb. 622

IMPERIAL SERVICE CORPORATION, a Nebraska Corporation, and Chilco Company, a Nebraska Corporation, Appellees, v. Ena PHIPPS, a single person, Roger L. Phipps, and Janice Phipps, his wife, Appellants, Impleaded with William Q. Jaeger, J. Charles Jaeger, and Raymond Earl Jaeger, doing business as Jaeger Brothers, a copartnership, Appellees.

Supreme Court of Nebraska.

February 26, 1980.

Attorney(s) appearing for the Case

Daniel E. Owens, Benkelman, for appellants.

James M. McQuillan of McGinley, Lane, Mueller, Shanahan & McQuillan, Ogallala, for appellees Jaeger Brothers.

Leon C. Hines of Hines & Hines, Benkelman, for appellees Imperial Service and Chilco.

Heard before BOSLAUGH, McCOWN, CLINTON and HASTINGS, JJ., and COLWELL, District Judge.

COLWELL, District Judge.

Defendants Phipps appeal from a decree quieting title to the northwest quarter of Section 5, Township 3 North, Range 40 West of the 6th P. M., Dundy County, Nebraska, in the plaintiffs. Plaintiffs' petition alleges their record title, possession and defendants' permissive use of the land. Defendants by cross-petition allege title by adverse possession. We affirm.

There is limited conflict in the evidence. The adverse claims of the...

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