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RUTT v. FRANK

No. 37775.

186 N.W.2d 911 (1971)

186 Neb. 842

Jacob J. RUTT, also known as J. J. Rutt, Appellant, v. Nadine Roeene FRANK, formerly Nadine Roeene Rutt, and Robert Frank, Wife and Husband et al., Appellees.

Supreme Court of Nebraska.

May 14, 1971.

Attorney(s) appearing for the Case

Russell, Colfer, Lyons, Wood & Carroll, McCook, for appellant.

Sarah Jane Cunningham, McCook, for appellees.

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

CLINTON, Justice.

This is an action in equity to reinstate a real estate mortgage which had been released by the plaintiff mortgagee, Jacob J. Rutt, prior to payment in full, and to foreclose the mortgage as reinstated or in the alternative to have judgment on the promissory note which the mortgage secured. The mortgagors and makers are the defendants Nadine Frank and Kenneth Rutt who, at the time of the making of the note and mortgage and the giving and recording...

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