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SCHROEDER v. ELY

No. 33754.

73 N.W.2d 172 (1955)

161 Neb. 262

Helen M. SCHROEDER, Appellee, v. Harold ELY and Faye Ely, Appellants.

Supreme Court of Nebraska.

November 18, 1955.

Attorney(s) appearing for the Case

E. Merle McDermott, B. J. Cunningham, Grand Island, for appellants.

A. G. Abbott, Grand Island, for appellee.

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

WENKE, Justice.

This appeal involves the question of homestead and arises in the same cause of action as was involved in Schroeder v. Ely, Neb., 73 N.W.2d 165. In the decree therein entered it was provided: "* * * that in default of the payment of the same ($56,055) with interest and costs herein taxed to defendants within ninety days from June 25, 1954, that the premises, equipment and chattels hereinbefore referred to be sold...

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