PATTERSON v. SPELTS LUMBER CO.

No. 34315.

90 N.W.2d 283 (1958)

166 Neb. 692

Ronald H. PATTERSON and Katherine M. Patterson, Appellants, v. SPELTS LUMBER CO., of Gothenburg, a corporation, Appellee.

Supreme Court of Nebraska.

May 31, 1958.


Attorney(s) appearing for the Case

Wm. S. Padley, Gothenburg, for appellants.

Arthur C. Mayer, Grand Island, for appellee.

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


SIMMONS, Chief Justice.

This case originated as an action to quiet title against the cloud of a mechanic's lien. Defendant, resisting the action, cross-petitioned for the foreclosure of the lien. Issues were made and trial was had. The trial court denied the petition of the plaintiffs, granted the cross-petition of the defendant, and rendered a decree of foreclosure. Plaintiffs appeal.

We reverse the judgment of the trial court and remand the cause with directions...

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