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FTR FARMS, INC. v. RIST FARM, INC.

S-19-438.

942 N.W.2d 204 (2020)

305 Neb. 708

FTR FARMS, INC., a Nebraska corporation, appellee, v. RIST FARM, INC., a Nebraska corporation, appellant, and Eugene Wesley Dowell and Mary L. Dowell, husband and wife, et al., appellees.

Supreme Court of Nebraska.

Filed May 1, 2020.

Attorney(s) appearing for the Case

John Hahn , of Wolfe, Snowden, Hurd, Ahl, Sitzmann, Tannehill & Hahn, L.L.P., Lincoln, for appellant.

Michael R. Dunn , of Halbert, Dunn & Halbert, L.L.C., Falls City, for appellees Eugene Wesley Dowell et al.

Jeffery W. Davis , of Smith, Schafer, Davis & Gaertig, L.L.C., for appellee FTR Farms, Inc.

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

INTRODUCTION

In this appeal from proceedings to partition real estate, the principal issue is whether partition in kind can be decreed using "owelty"—that is, a monetary payment to equalize values. Because the law has long favored partition in kind, it empowers a court of equity to use that device to accomplish full and...

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