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SPILINEK v. SPILINEK

No. 82-524.

337 N.W.2d 122 (1983)

215 Neb. 35

Richard SPILINEK and Hilda Spilinek, husband and wife, Appellees, v. Alvin R. SPILINEK, and Ellen Spilinek, husband and wife, Appellants.

Supreme Court of Nebraska.

July 29, 1983.

Attorney(s) appearing for the Case

Robert E. Wheeler of Stowell & Wheeler, P.C., Ord., for appellants.

O. Wm. VonSeggern, P.C., of Cunningham, Blackburn, VonSeggern, Livingston, Francis & Riley, Grand Island, for appellees.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ.

CAPORALE, Justice.

Plaintiffs-appellees, Richard Spilinek and Hilda Spilinek, husband and wife, brought an action against Richard's nephew and his wife, Alvin R. Spilinek and Ellen Spilinek, to settle a disputed boundary by placing it at the true line as determined by survey. They also prayed that a lawful division fence be erected on that line. The defendants-appellants counterclaimed and prayed that the boundary be fixed at a certain fence line. The trial court...

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