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FEDERAL LAND BANK OF OMAHA v. SWANSON

No. 87-844.

438 N.W.2d 765 (1989)

231 Neb. 868

The FEDERAL LAND BANK OF OMAHA, Appellant, v. Jerald E. SWANSON and Pamela A. Swanson, husband and wife, et al., Appellees.

Supreme Court of Nebraska.

April 21, 1989.

Attorney(s) appearing for the Case

John W. Ballew, Jr., of Simmons, Raymond, Olsen, Ediger, Selzer & Ballew, P.C., Scottsbluff, for appellant.

Thomas M. Sonntag, of John Peetz, P.C., Sidney, for appellee Arlington State Bank.

BOSLAUGH, WHITE, CAPORALE, and GRANT, JJ., and RIST, District Judge.

WHITE, Justice.

This case arose from a dispute between two banks over the possession of two grain bins and their accompanying accessories. On April 8, 1983, codefendants Jerald E. and Pamela A. Swanson gave a note and mortgage on their land located 6 miles west of Gurley, Nebraska, to the plaintiff-appellant, The Federal Land Bank of Omaha. In September 1983, the Swansons acquired a loan from codefendant-appellee Arlington State Bank for the purchase of two grain...

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