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STATE NAT. BANK & TRUST CO. v. JACOBSEN

No. 83-780.

358 N.W.2d 743 (1984)

218 Neb. 682

STATE NATIONAL BANK AND TRUST COMPANY, Wayne, Nebraska, trustee, Appellee, v. Eugene JACOBSEN, a single person, Appellant.

Supreme Court of Nebraska.

November 30, 1984.

Attorney(s) appearing for the Case

Ronald J. Albin, Norfolk, for appellant.

Kenneth M. Olds of Olds, Swarts & Ensz, Wayne, for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, and SHANAHAN, JJ., and COLWELL, District Judge, Retired.

SHANAHAN, Justice.

Eugene Jacobsen, defendant and cross-petitioner, appeals the decision of the district court for Cedar County, namely, judgment quieting title in State National Bank and Trust Company (State National). We reverse and remand with directions.

Originally, an east-west, section line road separated the south half of Section 28 from the north half of Section 33, adjacent tracts. Gradually, the section line road arched southward with further encroachment...

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