GREEN TREE FINANCIAL SERVICING v. SUTTON

No. S-00-1256.

650 N.W.2d 228 (2002)

264 Neb. 533

GREEN TREE FINANCIAL SERVICING CORPORATION, Appellee, v. Randy SUTTON and Rita Sutton, Appellants, and Will Anders and Toni Anders, Appellees.

Supreme Court of Nebraska.

August 9, 2002.


Attorney(s) appearing for the Case

Gregory J. Beal, of Gregory J. Beal & Associates, P.C., Ogallala, for appellants.

Richard A. Drews, of Taylor, Kluver, Peters & Drews, Omaha, for appellee Green Tree Financial Servicing Corporation.

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


McCORMACK, J.

NATURE OF CASE

In this replevin action, Randy Sutton and Rita Sutton appeal the decision in favor of appellee Green Tree Financial Servicing Corporation, now known as Conseco Finance Servicing Corporation (Green Tree). Green Tree sought possession of a manufactured home situated on real estate purchased by the Suttons. The Suttons were not debtors, but were in possession of the manufactured home at the time the action was commenced. Prior to...

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