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SMITH v. ELY

No. 34162.

83 N.W.2d 55 (1957)

164 Neb. 636

W. Jack SMITH, Appellee, v. Harold ELY, Faye Ely and John C. Schimmer, Appellees, Impleaded with: Helen M. Schroeder, Appellant.

Supreme Court of Nebraska.

May 17, 1957.

Attorney(s) appearing for the Case

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

H. G. Wellensiek, Donald H. Weaver, Grand Island, for appellee W. Jack Smith.

E. Merle McDermott, James I. Shamberg, Grand Island, for Harold Ely.

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

WENKE, Justice.

This is an appeal from the district court for Hall County. It involves the foreclosure of mortgages on an unimproved 14-acre tract of land located in Hall County. The trial court, on September 28, 1956, rendered a decree of foreclosure therein wherein it awarded to Helen M. Schroeder, a defendant and cross-petitioner, a first lien on these premises in the sum of $5,252.39 with interest thereon at 6 percent from date thereof; to W. Jack Smith, plaintiff...

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