OMAHA NAT. BANK OF OMAHA v. MULLENAX

No. 44154.

320 N.W.2d 755 (1982)

211 Neb. 830

The OMAHA NATIONAL BANK OF OMAHA, Nebraska, Trustee, et al., Appellants, v. Melvin E. MULLENAX et al., Appellees.

Supreme Court of Nebraska.

June 11, 1982.


Attorney(s) appearing for the Case

John F. Thomas of McGrath, North, O'Malley & Kratz, P. C., Omaha, and Randall L. Rehmeier of Wellensiek & Rehmeier, Nebraska City, for appellants.

Simon Lantzy of Lantzy & Parsons, Falls City, for appellees.

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


McCOWN, Justice.

This is an action to quiet title to real estate allegedly acquired by conveyance, accretion, and adverse possession. The District Court, upon defendants' motion, dismissed plaintiffs' petition without prejudice for failure to diligently prosecute. Plaintiffs have appealed.

On February 3, 1976, The Omaha National Bank, as trustee of a trust in which plaintiffs William F. Neal and Mary Linda Neal Reber were sole beneficiaries, filed this action...

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