BECKNER v. URBAN

No. S-20-345.

962 N.W.2d 497 (2021)

309 Neb. 677

Brian BECKNER, Special Fiduciary of the Testamentary Trust Established Under Item Five of the Last Will and Testament of Francis R. Urban, also known as The Francis R. Urban Family Trust, and Janet K. Neujahr, Personal Representative of the Estate of Lola R. Urban, deceased, appellees and cross-appellants, v. Richard D. URBAN, appellant and cross-appellee.

Supreme Court of Nebraska.

Filed July 9, 2021.


Attorney(s) appearing for the Case

George H. Moyer , of Moyer, Moyer & Lafleur, Madison, for appellant.

David J. Skalka , of Croker, Huck, Kasher, DeWitt, Anderson & Gonderinger, L.L.C., Omaha, for appellees.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.


I. INTRODUCTION

In this appeal, we must determine whether the sellers under an installment land contract may employ an ejectment action—not to recover possession of the land to enforce a forfeiture clause, but, rather, to foreclose the buyer's equitable title where the remedy of foreclosure was itself barred by the applicable...

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