SMITH, Justice.
Defendants gave an unacknowledged mortgage on their homestead to plaintiff, a materialman, in order to finish their dwelling house. In this foreclosure suit the district court dismissed plaintiff's petition on the ground that the mortgage without defendant's formal acknowledgment was unenforceable. Plaintiff has appealed.
Defendant, Walter A. Muhs, Jr., and wife, had purchased an acre tract in Stanton County, Nebraska, from his parents. The...
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