Nebraska Supreme Court, 1967

Plischke v. Jameson

Nebraska Supreme Court · Decided October 13, 1967 · Boslaugh, Carter, McCown, Newton, Smith, Spencer, White

182 Neb. 153; 153 N.W.2d 359; 1967 Neb. LEXIS 462

Cases that cite this one

2 later published cases cite this decision.

Olson v. Bonham (Neb. 1982)
Jameson v. Plischke (Neb. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Spencer, J.

Subsequent to our opinion herein in 181 Neb. 887, 152 N. W. 2d 119, appellees filed a motion for an additional directive as assistance to the trial court in drawing a judgment on the mandate. We sustain said motion, and file this supplemental opinion to make the following changes in the judgment entered by the trial court:

The judgment of the district court, dated December 28, 1966, should be modified by striking paragraph 5 of the findings and amending paragraph 4 of the findings to read as follows:

4. Title should be quieted in the defendant to all land south of the fence line not embraced in the public road or in the prescriptive road. This includes a triangular *155area along the east 734 feet of the fence and an area up to 3 feet south of the fence from where the fence leaves the public road, which the court determines to be 1,010 feet east of the west section line to a point approximately 734 feet west of the north-south half-section line.

*154

*155The judgment should be further modified by amending the plat attached to the judgment, as shown by the plat attached hereto, to conform to the findings as amended.

Said judgment as modified is affirmed.

Affirmed as modified.

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