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SMITH v. WADE

No. 34652.

100 N.W.2d 770 (1960)

169 Neb. 710

Mildred SMITH, also known as Mildred R. Smith and Mildred Smith, as next friend of Ralph Smith, Appellants, v. Lynn R. WADE and Naomi Wade, Appellees.

Supreme Court of Nebraska.

January 29, 1960.

Attorney(s) appearing for the Case

Frank B. Morrison, Lincoln, for appellants.

McGinley, Lane, Powers & McGinley, Ogallala, for appellees.

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

YEAGER, Justice.

This is an action in equity by Mildred R. Smith in her own behalf and as next friend of Ralph Smith, a minor, plaintiffs and appellants, against Lynn R. Wade and Naomi Wade, defendants and appellees, to have declared null, void, and of no effect a real estate mortgage for $3,256.23, dated July 9, 1956, on the north half of Lot 2, Goodrich's Subdivision of that portion of Lots 2, 3, 4, and 13 lying north of U. S. Highway No. 30 in Smith's Subdivision...

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