Fisher v. Heirs & Devisees of Lovercheck
Annotate this CaseDavid and Pamela Fisher, as “Husband and Wife,” sued U.S. Bank National Association to terminate severed mineral interests, alleging that they had owned the land since 1986. In its answer, US Bank argued that the Fishers, as husband and wife, were not the real parties in interest because, in 2001, the Fishers conveyed the land to themselves as trustees for the David and Pamela Fisher Living Trust. The Fishers subsequently filed an amended complaint adding themselves as plaintiffs in their capacity as trustees. Before the complaint was amended, however, US Bank recorded a verified claim of mineral interest. The district court granted summary judgment for US Bank, concluding that the Fishers’ amended complaint did not relate back to the original complaint under Neb. Rev. Stat. 25-301. The Supreme Court reversed, holding that the amended complaint related back under the plain language of section 25-301 because it joined the real parties in interest. Remanded.
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