SMITH v. SMITH

No. A-20-233.

957 N.W.2d 511 (2021)

29 Neb. App. 607

Lynden A. SMITH et al., appellants, v. Leonard M. SMITH et al., defendants and third-party plaintiffs, appellees, and Alisa Smith, third-party defendant, appellant.

Court of Appeals of Nebraska.

Filed March 16, 2021.


Attorney(s) appearing for the Case

Sean A. Minahan , of Lamson, Dugan & Murray, L.L.P., Omaha, for appellants.

Terry Curtiss , of Curtiss, Moravek & Curtiss, P.C., L.L.O., Alliance, for appellees.

Pirtle, Chief Judge, and Moore and Arterburn, Judges.


INTRODUCTION

In this appeal from proceedings to partition real estate, the principal issue is whether partition in kind can be achieved by awarding a portion of the property collectively to one group of owners and awarding the remaining property collectively to another group of owners. Ultimately, we conclude that because...

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