GRAVES v. GERBER

No. 43173.

302 N.W.2d 717 (1981)

208 Neb. 209

Jerry GRAVES et al., Appellees, v. George GERBER et al., Appellants.

Supreme Court of Nebraska.

March 6, 1981.


Attorney(s) appearing for the Case

James H. Truell, Grand Island, for appellants.

No appearance for appellees Graves.

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


CLINTON, Justice.

This is an action by the plaintiffs Graves for a mandatory injunction requiring the defendants Gerber to remove a stockade type fence which Gerber erected upon his own residential property adjacent to the west lot line of the Graves residential lot. The basis of the suit is that the fence interferes with the use of an easement arising from a grant made by the Gerbers' predecessors in title to Graves' predecessors in title, giving to the owner of...

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