Nebraska Supreme Court

Isham v. Jack

October 4, 2024317 Neb. 759

Summary

The court held that the evidence did not establish abandonment of the garage, which was a complete defense to Isham's replevin claim. Although Isham delayed more than 20 months before seeking removal, the record did not show an actual intent to abandon, and mere nonuse or lapse of time was insufficient. The court reversed and remanded for further proceedings, declining to order return of the garage because it had been integrated into Jack's home.