NORTON v. DOSEK

No. 33847.

74 N.W.2d 56 (1955)

161 Neb. 544

Sarah G. NORTON, Appellee-Cross-Appellant, v. Edward A. DOSEK, Appellant-Cross-Appellee. Impleaded With: Phllomena Dosek et al., Appellees.

Supreme Court of Nebraska.

December 30, 1955.


Attorney(s) appearing for the Case

Manasil & Erickson, Burwell, for appellant.

Davis & Vogeltanz, Ord, H. G. Wellensiek, Wellensiek & Weaver, Grand Island, for appellee.

Van Pelt, Marti & O'Gara, Lincoln, for Philomena Dosek.

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


BOSLAUGH, Justice.

The object of this litigation is to have it determined that a conveyance made by appellee to Edward A. Dosek, although absolute in form, was intended to be and was in substance and legal effect a mortgage; to have the amount due upon the indebtedness evidenced by the note and secured by the conveyance and the person to whom it should be paid decided and to permit appellee to redeem the land by payment of the amount thereof; to have the mortgages...

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