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NATHAN v. McKERNAN

No. 34558.

101 N.W.2d 756 (1960)

170 Neb. 1

Evelyn NATHAN, Appellant, v. Bernard M. McKERNAN et al., Appellees.

Supreme Court of Nebraska.

March 11, 1960.

Attorney(s) appearing for the Case

Paul I. Manhart, Omaha, for appellant.

Shrout & Brown, Collins & Collins, Abrahams & Kaslow, Finlayson, McKie & Kuhns, Francis A. McLane, Garrotto, Doerr & Nanfito, Omaha, for appellees.

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

CHAPPELL, Justice.

On March 2, 1956, plaintiff, Evelyn Nathan, filed a petition in the district court for Douglas County against defendant Bernard M. McKernan, his wife Margaret A. McKernan, and other named defendants, seeking foreclosure of a second mortgage alleged to have been duly executed and delivered to plaintiff by defendants McKernan on described real estate owned by them in Douglas County, the consideration for which was allegedly the sale by plaintiff to...

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