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WITTWER v. DORLAND

No. 40952.

253 N.W.2d 26 (1977)

198 Neb. 361

Lyle WITTWER and Mae Wittwer, husband and wife, Appellees, v. Cetha Floy DORLAND, Appellant, impleaded with Warren Bruce Dorland, Appellee, Impleaded with Leona M. Dorland, a/k/a Leona M. Murphy, and Ruth Ann Dorland, a/k/a Ruth Ann Lange, Appellants, Impleaded with Phoenix Mutual Life Insurance Company, a Connecticut Corporation, Appellee, Impleaded with Elizabeth Dorland Blankenship et al., Appellants, Impleaded with Farmers State Bank of Sabetha, Kansas, Appellee.

Supreme Court of Nebraska.

April 20, 1977.

Attorney(s) appearing for the Case

McGrath, North, O'Malley, Kratz, Dwyer, O'Leary & Martin, P. C., Omaha, Kotouc, Kotouc & Fankhauser, Humboldt, Loren Joe Stehlik, Pawnee City, for appellant.

Larry R. Demerath and John C. Mitchell, Omaha, Thomas J. Gist, Falls City, for appellees.

Heard before PAUL W. WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, CLINTON, BRODKEY, and C. THOMAS WHITE, JJ.

PAUL W. WHITE, Chief Justice.

On October 24, 1973, Lyle and Mae Wittwer filed a petition in the District Court for Richardson County, Nebraska, to foreclose a mortgage on approximately 900 acres of land located in Richardson County. Named among the defendants were Cetha Floy Dorland and her son, Warren Bruce Dorland, appellee in this case. The Wittwers' petition made reference to a deed being held in escrow at the Farmers State Bank in Sabetha, Kansas, which purported...

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