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McGOWEN v. NEBRASKA STATE BANK

No. 86-923.

427 N.W.2d 772 (1988)

229 Neb. 471

William J. McGOWEN and Marilyn McGowen, Appellees and Cross-Appellants, v. NEBRASKA STATE BANK, a Nebraska Banking Corporation, Appellant and Cross-Appellee.

Supreme Court of Nebraska.

August 12, 1988.

Attorney(s) appearing for the Case

Daniel L. Hartnett, of Crary, Huff, Clem, Raby & Inkster, P.C., Sioux City, for appellant and cross-appellee.

E. Terry Sibbernsen and Debra R. Nickels, of Welsh & Sibbernsen, Omaho, for appellees and cross-appellants.

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

WHITE, Justice.

This case involves a dispute between a senior secured creditor, Nebraska State Bank (hereafter NSB), and a junior lienholder, William and Marilyn McGowen, both NSB and McGowens having secured interests in certain cattle owned by debtor/farmer Paul High. The McGowens filed a petition in the district court for Dakota County alleging that NSB had wrongfully converted certain livestock in which the McGowens held a perfected security interest.

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