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BANKERS LIFE COMPANY v. PETERSON

No. 35772.

132 N.W.2d 377 (1965)

178 Neb. 205

BANKERS LIFE COMPANY, a Corporation, Appellee, v. Raymond L. PETERSON, Appellant, Impleaded with Mary J. Peterson, Leland N. Wahlstrom and Virginia Wahlstrom, husband and wife, Appellees.

Supreme Court of Nebraska.

January 22, 1965.

Attorney(s) appearing for the Case

Fisher & Fisher, Chadron, for appellant.

Bump & Bump, Chadron, Gordon C. Shaffer, Jr., Chadron, John B. Henley, Chadron, for appellees.

Heard before WHITE, C. J., CARTER, SPENCER, BOSLAUGH, and BROWER, JJ., and ROBERT L. FLORY and ROBERT L. SMITH, District Judges.

ROBERT L. SMITH, District Judge.

A decree foreclosed a real estate mortgage. On appeal we conclude that there must be a new trial because plaintiff has not proved that no proceedings at law for recovery of the indebtedness had been had.

[1,2] Plaintiff's allegation that no proceedings at law had been had for recovery of the mortgage indebtedness was required, section 25-2142, R.R.S.1943, and was denied. A mortgagee must establish this negative averment, United...

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