KERNS v. KERNS

No. 33357.

61 N.W.2d 405 (1953)

157 Neb. 786

KERNS v. KERNS et al.

Supreme Court of Nebraska.

December 18, 1953.


Attorney(s) appearing for the Case

William L. Walker, Earl Ludlam, Lincoln, for appellant.

Beghtol, Mason & Anderson, Nate C. Holman, Richard A. Knudsen, Roger V. Dickeson, Lincoln, for appellees.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


SIMMONS, Chief Justice.

This is an action in equity, in substance, to have a deed declared to be a mortgage, to have an accounting, and to be allowed to redeem. The trial court found for the defendants and against the plaintiff, and dismissed the action with prejudice. Plaintiff appeals. We affirm the judgment of the trial court.

The following facts are not in dispute. Plaintiff is a son of the grantors in the deed, and the devisee of the property by the will...

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