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CEPEL v. SMALLCOMB

No. S-00-021.

628 N.W.2d 654 (2001)

261 Neb. 934

Thomas H. CEPEL et al., as Trustees of the Cepel Family Trust, Appellants, and Thomas H. Cepel et al., Intervenors-Appellees and Cross-Appellants, v. Peggy SMALLCOMB et al., Appellees and Cross-Appellees.

Supreme Court of Nebraska.

June 8, 2001.

Attorney(s) appearing for the Case

Raymond A. Hervert, of Nye, Hervert, Jorgensen & Watson, P.C., Kearney, for appellants and intervenors-appellees.

Larry W. Beucke, of Parker, Grossart, Bahensky & Beucke, Kearney, for appellees except Farm Credit Services of the Midlands.

Noyes W. Rogers, Columbus, for appellee Farm Credit Services of the Midlands.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

PER CURIAM.

In this appeal, Thomas H. Cepel, Janell M. Macek, Kenneth O. Cepel, and Jeff J. Cepel, as trustees of the Cepel Family Trust (Cepel Trust), claim they paid more than their share of installment payments on a real estate mortgage. The Cepel Trust and the beneficiaries of the trust seek contribution from Peggy Smallcomb and others (the Smallcombs) and Farm Credit Services of the Midlands (Farm Credit), their codebtors on the mortgage. The Cepel Trust owned...

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