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HAMLING v. ÆTNA LIFE INS. CO.

No. 8120.

34 F.2d 112 (1929)

HAMLING et ux. v. ÆTNA LIFE INS. CO. OF HARTFORD, CONN., et al.

Circuit Court of Appeals, Eighth Circuit.

July 15, 1929.

Attorney(s) appearing for the Case

M. F. Harrington, of O'Neill, Neb. (George M. Harrington, of O'Neill, Neb., was with him on the brief), for appellants.

C. C. Flansburg, of Lincoln, Neb., for appellee Ætna Life Ins. Co.

William I. Aitken, of Lincoln, Neb., for appellee Moore's Estate.

Before STONE and KENYON, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge.

This appeal is from a decree in favor of appellees foreclosing a mortgage upon 240 acres of land in Boyd county, Nebraska, the property of appellants. One hundred and sixty acres of this land were occupied by appellants, who are husband and wife, as a homestead. Two grounds are urged for the reversal, or rather the modification, of the decree — it being admitted that the mortgage is valid and the decree proper as respects 80 acres of...

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