Saturday, June 25, 2005

Blurry fax copy of real estate contract sends land dispute back to Lincoln County Dist Court

Ondrak v. Matis, 270 Neb. 46 June 24, 2005. No. S-04-764.

The Supremes send back to Lincoln County District Court this action for specific performance of a land contract action largely because the copy of the contract in the record is a blurry fax. Parties disputed whether certain items the defendant had removed from the property before sale should have remained with the property. Court holds that lis pendens statute 25-531 applies to real property title actions and whether fixtures apply to the lis pendens shall depend on the parties' intent.

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