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RAPP v. RAPP

No. 34932.

108 N.W.2d 412 (1961)

172 Neb. 68

A. B. RAPP and Freida Rapp, Appellants, v. Emerald F. RAPP and Delores E. Rapp, Sidney National Bank, Sidney, Nebraska, and Charles N. Deaver, Appellees.

Supreme Court of Nebraska.

April 7, 1961.

Attorney(s) appearing for the Case

Beatty, Clarke, Murphy & Morgan, Donald W. Pederson, Frank E. Piccolo, Jr., North Platte, for appellants.

Maupin, Dent, Kay & Satterfield, North Platte, Clinton & McNish, Heaton & Heaton, Sidney, for appellees.

Heard before CARTER, MESSMORE, YEAGER, SPENCER, and BOSLAUGH, JJ.

SPENCER, Justice.

This is an action in equity to restrain the foreclosure of a chattel mortgage on a sales pavilion and to subrogate plaintiffs' chattel mortgage for one released by the Sidney National Bank. The trial court denied the relief sought and found defendant Deaver's mortgage to be a first lien on the property in question.

Plaintiffs A. B. Rapp and Freida Rapp, husband and wife, hereinafter referred to as A. B. Rapp, appealed. The defendants are...

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