COE v. COVERT

No. 82-177.

332 N.W.2d 699 (1983)

214 Neb. 140

Herbert C. COE, Executor of the Estate of Lelah Mildred Coe, also known as Mildred Coe, deceased, Appellee, v. John A. COVERT, doing business as Drew's Antiques and Art Objects, Appellant, and Jack Drew, Appellee.

Supreme Court of Nebraska.

April 21, 1983.


Attorney(s) appearing for the Case

Thomas P. Leary, Omaha, for appellant.

William Jay Riley and Nick R. Taylor of Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, for appellee.

BOSLAUGH, McCOWN, and HASTINGS, JJ., BRODKEY, J., Retired, and GARDEN, District Judge.


McCOWN, Justice.

The plaintiff executor filed this proceeding seeking to recover personal property of a decedent's estate which had been sold and delivered to the defendant Covert. The District Court sustained plaintiff's motion for summary judgment, enjoined the defendant from selling or transferring the property involved, directed that it be returned to plaintiff, and ordered plaintiff to return to defendant defendant's check representing funds paid for the property...

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