(Download) "Dan L. Bailey v. Paul A. Mahr Et Al." by Supreme Court of Nebraska # eBook PDF Kindle ePub Free
eBook details
- Title: Dan L. Bailey v. Paul A. Mahr Et Al.
- Author : Supreme Court of Nebraska
- Release Date : January 13, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This is a partition proceeding initiated by the plaintiff-appellee, owner of an interest in six tracts of real estate located
in South Sioux City, Nebraska. Tracts IV and V were consolidated as one tract and generally conceded to be one and the same.
The plaintiff, in his petition, asked that ownership of the tracts be determined and that the tracts be divided or sold according
to law. None of the defendants-appellants were initially named as defendants in this case. Several of the original defendants to
this action suggested in their answers that others, including appellants, be interpleaded or added as defendants, which was
subsequently done. The defendants filed an answer of general denial, claiming title to tract IV by adverse possession and
alleging that tract V was insufficiently described. Several pretrial conferences were held. At one of these conferences, with
all parties present or represented by counsel, it was agreed that there was no material issue of fact as to tracts I, II,
III and VI, and that trial would thus be limited to tracts IV and V. The case was tried, so limited, to the District Court.
The District Court held for the plaintiff and against defendants. The defendants filed a motion for a new trial which was
overruled and they now appeal. We affirm the judgment entered by the District Court.
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