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UNITED BENEFIT LIFE INSURANCE COMPANY v. HOLMAN

No. 35720.

130 N.W.2d 593 (1964)

177 Neb. 682

UNITED BENEFIT LIFE INSURANCE COMPANY, a corporation, Appellee, v. Nathan C. HOLMAN, Appellant, Impleaded with Betsey Holman, Appellee, Consolidated in District Court with Nate C. Holman, Appellant, v. United Benefit Life Insurance Company, a corporation, Appellee.

Supreme Court of Nebraska.

October 23, 1964.

Attorney(s) appearing for the Case

Ginsburg, Rosenberg & Ginsburg, Norman Krivosha, Lincoln, for appellant.

Fraizer & Fraizer, Lincoln, for appellee.

Heard before WHITE, C. J., CARTER, MESSMORE, YEAGER, BOSLAUGH, and BROWER, JJ., and DIERKS, District Judge.

WHITE, Chief Justice.

This is a mortgage foreclosure action. Defendants appeal from a decree of foreclosure for the full amount of the balance due, interest, and costs. The questions raised concern the effect of the acceleration clause in the mortgage and the necessity of proof that no action at law was pending to collect the mortgage indebtedness.

The defendants executed the note and mortgage in question on Lot...

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