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DAVISON v. INSELMAN

No. 37192.

175 N.W.2d 85 (1970)

185 Neb. 236

Carlysle O. DAVISON and Eula I. Davison, husband and wife, Appellees, v. Robin Charlene INSELMAN, Myron Inselman, and Mary Margaret Davison, a/k/a Mary Margaret Thimgan, Appellants.

Supreme Court of Nebraska.

March 6, 1970.

Attorney(s) appearing for the Case

Thomas J. Gorham, Lincoln, for appellants.

Walter, Albert, Leininger & Grant, Columbus, for appellees.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.

SMITH, Justice.

The question is whether the parties to a deed absolute in form intended a mortgage. The district court found a mortgage, quieting title in plaintiffs. Defendants appeal.

Plaintiff Carlysle "Lyle" O. Davison is an uncle of the principal defendants, Robin and Mary, children of Robert and Doris Davison, whose marriage ended in divorce. Robert died intestate in December 1965.

The dispute concerns a quarter section of farmland with buildings...

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