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OCCIDENTAL SAVINGS AND LOAN ASS'N v. CANNON

No. 37221.

171 N.W.2d 166 (1969)

184 Neb. 659

OCCIDENTAL SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellant, v. John L. CANNON and Jane B. Cannon, husband and wife, Joyce Lumber Co., a Corporation, Appellees, Impleaded with McKean Floor Covering, a Corporation, Appellant.

Supreme Court of Nebraska.

October 10, 1969.

Attorney(s) appearing for the Case

Lloyd E. Atchley, Kennedy, Holland, De-Lacy & Svoboda, C. E. Heaney, Jr., Lyman L. Larsen, Omaha, for Occidental Savings & Loan Assn.

Fellman & Stern, Omaha, for McKean Floor Covering.

John H. Trenerry, Jr., James R. McGreevy, Omaha, for appellees

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

SPENCER, Justice.

This action was commenced as a foreclosure of a mortgage but has devolved into a contest between the mortgagee against as well as between two defendant mechanic's lien claimants.

John L. Cannon, hereafter referred to as Cannon, and Jane B. Cannon, the mortgagors, failed to plead herein and were defaulted. The trial court determined that Joyce Lumber Company, a corporation, hereinafter referred...

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