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NIXON v. HARKINS

No. 84-441.

369 N.W.2d 625 (1985)

220 Neb. 286

Burton E. NIXON and Jayne B. Nixon, Appellees, v. Daniel J. HARKINS and Jody K. Harkins, Appellants.

Supreme Court of Nebraska.

June 28, 1985.

Attorney(s) appearing for the Case

Richard E. Mueting of Mueting, DeLay & Stoffer, Norfolk, for appellants.

David A. Domina of Domina & Gerrard, P.C., Norfolk, for appellees.

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

CAPORALE, Justice.

Burton E. Nixon and Daniel J. Harkins owned certain improved real property as tenants in common, each of their wives, respectively Jayne B. and Jody K., having a marital interest therein. The Nixons brought suit to partition the property. The Harkinses counterclaimed, seeking specific performance of a contract permitting them to pay the debt arising under a promissory note to the Nixons by assignment of the Harkinses' interest in the property to...

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