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WIETZKI v. WIETZKI

No. 87-197.

437 N.W.2d 449 (1989)

231 Neb. 551

Paul J. WIETZKI et al., Appellees, v. Daniel J. WIETZKI et al., Appellees, v. Ericson State Bank, Appellant.

Supreme Court of Nebraska.

March 24, 1989.

Attorney(s) appearing for the Case

Gregory G. Jensen, Ord, for appellant.

James H. Buhrmann, of Buhrmann, Johnson & Wilson, Crete, and, on brief, Carole H. Larson, Wahoo, for appellees Paul J. and Mildred Wietzki.

BOSLAUGH, CAPORALE, SHANAHAN, and GRANT, JJ., and CARLSON, District Judge.

CARLSON, District Judge.

This is a suit for strict foreclosure of a real estate contract brought by Paul J. Wietzki and Mildred Wietzki, husband and wife, hereinafter referred to as "plaintiffs," against the contract purchaser, Daniel J. Wietzki, and the Ericson State Bank, assignee of an assignment of equity in real estate in said contract, hereinafter referred to as "Bank."

The Bank cross-petitioned, claiming that on March 10, 1985, plaintiffs took a quitclaim...

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