[DOWNLOAD] "Beren Corporation v. William E. Spader Et" by Supreme Court of Nebraska * Book PDF Kindle ePub Free
eBook details
- Title: Beren Corporation v. William E. Spader Et
- Author : Supreme Court of Nebraska
- Release Date : January 22, 1977
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This is an appeal from a District Court decision overruling a motion to vacate a default judgment which quieted title to certain real estate in Hitchcock County. We reverse and remand for further proceedings. This case involves a somewhat complicated factual situation involving several transactions for the sale of real estate. In summary, the pertinent facts, on which the parties agree, are as follows. On December 4, 1968, William E. and Koila R. Spader, the defendants and appellants herein, executed an agreement for the purchase and sale of real estate with Paul and Louise Miller. The Millers agreed to sell to the Spaders real estate in Hitchcock County described as the ""North Half (N1/2), the Southeast Quarter (SE1/4), and the East Half of the Southwest Quarter (E1/2SW1/4), all in Section Fourteen (14), and the North Half of the Northeast Quarter (N1/2 NE1/4) of Section Twenty-three (23), all in Township Three (3) North, Range Thirty-four (34), West of the 6th P.M. in Hitchcock County, Nebraska."" The contract for sale was an installment contract, with a total purchase price of $64,000, and specifically included the oil, gas, and mineral rights. The following escrow provision was included in the contract: ""The Sellers will deposit in escrow at the First National Bank of McCook, Nebraska a good and sufficient Warranty Deed to the premises being purchased by the Buyers, the grantee's names to be left blank and inserted by the Bank upon delivery, together with a good and sufficient abstract of title showing merchantable title of record in the premises being bought by the Buyers. The deposit shall be made on or before December 31, 1968. The said First National Bank, as escrow agent, shall retain the warranty deed and the said abstract until the full amount of the purchase price is fully paid at which time the said escrow agent will deliver the deed and abstract to the Buyers or their assigns. The escrow costs shall be shared one-half by the Sellers and one-half by the Buyers.""