Yunghans v. O'TOOLE

The plaintiff, Kathryn M. Yunghans, brought this action against the defendant, James P. O’Toole, her brother, to partition 560 acres of farmland in Pawnee County, Nebraska. Kathryn’s husband, Robert Yung hans, was joined as a plaintiff solely because of the marital interest. The District Court sustained plaintiffs’ motion for summary judgment, and entered judgment that plaintiff Kathryn M. Yunghans and her brother were owners of the real estate as joint tenants with right of survivorship and not as tenants in common, and that plaintiff Kathryn Yunghans had the right to have the real estate…