Rasmussen v. Nelson

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Rasmussen v. Nelson

Case Number
Call Date
March 7, 2016
Case Time
1:00 PM
Case Summary

A-15-0146, David J. Rasmussen and Christina D. Rasmussen, husband and wife v. Kenneth J. Nelson and Patricia E. Nelson, husband and wife; and Douglas J. Nelson, a single person (Appellants)

Platte County, District Court Judge Robert Steinke

Attorney for Appellant: Jacqueline M. Tessendorf (Tessendorf and Tessendorf, P.C.)

Attorney for Appellee: James G. Egley (Egley, Fullner, Montag & Hockabout)

Civil Action: boundary dispute.

Action Taken by Trial Court: The trial court fixed the boundary at the geographic midpoint of the quarter at issue, in favor of the Rasmussens.

Assignments of Error on Appeal: Appellants assign that the district court erred in (1) changing the boundary line dividing the W1/2 and E1/2 of Section 7 contrary to the original government plat and survey offered and received into evidence as Exhibit 15; (2) holding the presumption of the survey, Exhibit 15, was rebutted by the intention of the parties; (3) modifying the deeds of the properties because there was no evidence of fraud or mistake; (4) using parol evidence to modify the terms of the purchase agreement and to modify the unambiguous deeds; (5) finding that the parties mutually recognized and acquiesced in the boundary between the two parcels; and (6) not finding Appellees' claim is barred by the statute of limitations.

Case Location
Panel Text
Inbody, Pirtle, and Riedmann, Judges