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Schellhorn v. Schmieding

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Thursday, May 1, 2014

S-13-0418, Arlan D. Schellhorn & Dawn L. Schellhorn v. Joseph L. Schmieding & Carol L. Schmieding (Appellants)

Seward County, Hon. Karen B. Flowers

Attorneys: Kent E. Rauert & Matthew R. Watson, Svehla, Thomas, Rauert & Grafton, P.C. (Appellants)--- Timothy L. Moll, Rembolt Ludtke, LLP

Civil: quiet title--adverse possession--prescriptive easement

Proceedings Below: The Schellhorns filed an adverse possession claim against the Schmiedings seeking that title to the disputed parcel (of which the Schmiedings were record owners) be quieted in their favor. The Schmiedings filed a cross-claim seeking a prescriptive easement in the event that title was quieted in the Schellhorns. Title was quieted. The Schmiedings appeal, and the Schellhorns cross-appeal.

Issues on appeal: Whether the district court erred in (1) quieting title in the Schellhorns; and (2) in not granting the Schmiedings a prescriptive easement.

Issue on cross-appeal: In the event that title should have been quieted in the Schmiedings, the Schellhorns assign that they should be granted a prescriptive easement.

This page was last modified on Friday, May 2, 2014