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PESTER v. LOWE

No. 37169.

165 N.W.2d 95 (1969)

184 Neb. 23

William D. PESTER, Jr. and Mary Carothers Pester, Husband and Wife, Appellees, v. Harold S. LOWE and Winnifred M. Lowe, Husband and Wife, Appellants, Impleaded with Nebraska Savings and Loan Association of Omaha, Nebraska, Appellee.

Supreme Court of Nebraska.

February 14, 1969.

Attorney(s) appearing for the Case

Frost, Meyers & Farnham, Patrick F. Moylan, Omaha, for appellants.

Morsman, Fike, Sawtell & Davis, Renne Edmunds, Omaha, for appellees.

Heard before WHITE, C.J., CARTER, SPENCER, BOSLAUGH, SMITH, and NEWTON, JJ., and HASTINGS, District Judge.

NEWTON, Justice.

Plaintiffs commenced an action in the district court for Douglas County, Nebraska, to foreclose a real estate mortgage. Defendants Harold S. Lowe and Winnifred M. Lowe, husband and wife, are the owners of the mortgaged property. Said defendants filed an answer and cross-petition. The cross-petition was dismissed on motion to strike and defendants Lowe have appealed to this court.

Perhaps there is merit to defendants' position that the ruling...

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