(Download) "State Nebraska v. Merritt Brothers Sand" by Supreme Court of Nebraska * Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Merritt Brothers Sand
- Author : Supreme Court of Nebraska
- Release Date : January 22, 1966
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
This is an action in which plaintiff seeks to enjoin defendants from using a certain tract of land described in the pleadings by metes and bounds (hereinafter referred to as the tract of land) for any purposes inconsistent with or in excess of their easement rights therein, to enjoin the defendants from interfering with plaintiff in taking a survey of the tract of land, and for a determination that plaintiff has a right to construct a fence upon the boundary so found but in such a manner as not to interfere with defendants' easement. Defendants, in their answer and cross-petition, seek not only to have plaintiff's petition dismissed, but also affirmative relief in the nature of an injunction prohibiting plaintiff from constructing a fence, entering on defendants' property, or molesting defendants in the use or enjoyment of their property. The trial court, by its judgment, found that plaintiff was the owner of the fee simple title to the tract of land, and that defendants, or some of them, held certain easement rights therein; and generally granted the relief prayed for by plaintiff. Defendants having appealed, the matter is now here for review. Actions in equity, on appeal to this court, are triable de novo without reference to the findings of the trial court, subject, however, to the rule that when credible evidence on material questions of fact is in irreconcilable conflict, this court will, in determining the weight of the evidence, consider the fact that the trial court observed the witnesses and their manner of testifying, and must have accepted one version of the facts rather than the opposite. Foos v. Reuter, 180 Neb. 301, 142 N.W.2d 552; Town of Everett v. Teigeler, 162 Neb. 769, 77 N.W.2d 467.