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MALCOM v. WHITE

No. 43715.

316 N.W.2d 752 (1982)

210 Neb. 724

Walter L. MALCOM, Appellee, v. Florence WHITE et al., Appellees, Florence V. Malcom, Appellant.

Supreme Court of Nebraska.

March 5, 1982.

Attorney(s) appearing for the Case

Olds, Swarts & Ensz, Wayne, for appellant.

Patrick G. Rogers, Randolph, Paul R. Robinson, Hartington, and Donald A. Fitch, South Sioux City, for appellees.

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

WHITE, Justice.

The plaintiff, Walter L. Malcom, brought this action to partition real estate in which he is the owner of an undivided one-fourth interest. Defendants Florence White, Ralph M. Malcom, and the heirs of Arthur R. Malcom also own an undivided one-fourth interest in the real estate in question. Florence V. Malcom, surviving spouse of Arthur R. Malcom, claimed a homestead interest in the real estate to be partitioned...

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