ERICKSON v. NEWELL

No. 36977.

163 N.W.2d 286 (1968)

183 Neb. 641

Sophie ERICKSON, Appellant, v. Margaret A. NEWELL et al., Appellees.

Supreme Court of Nebraska.

December 13, 1968.


Attorney(s) appearing for the Case

Schmid, Ford, Snow, Green & Mooney, Keith I. Frederick, Omaha, for appellant.

Shrout, Nestle & Caporale, Omaha, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ., and STUART, District Judge.


NEWTON, Justice.

This is an action to foreclose a real estate mortgage brought by Sophie Erickson, as plaintiff, against Margaret A. Morton, nee Newell, hereinafter referred to as defendant, and her husband. The trial court dismissed plaintiff's petition. We reverse the judgment and remand the cause.

Defendant, a Nebraska resident, is a niece of the plaintiff who resides in Illinois. On June 18, 1962, plaintiff forwarded the sum of $10,000 to defendant. In...

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