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FIRST NAT. BANK OF OMAHA v. KIZZIER

No. 41816.

275 N.W.2d 600 (1979)

202 Neb. 369

FIRST NATIONAL BANK OF OMAHA, Appellee, v. Richard G. KIZZIER and Yvonne A. Kizzier, also known as Yvonne Kizzier, et al., Appellants.

Supreme Court of Nebraska.

February 20, 1979.

Attorney(s) appearing for the Case

Ross, Schroeder & Fritzler, Kearney, for appellants.

Donald J. Buresh, of Swarr, May, Smith & Andersen, Omaha, for appellee.

Heard before KRIVOSHA, C. J., BOSLAUGH and BRODKEY, JJ., and RONIN and NORTON, District Judges.

RONIN, District Judge.

This is an action brought by the First National Bank of Omaha, plaintiff-appellee, to foreclose a mortgage given by Richard G. Kizzier and Yvonne A. Kizzier, defendants appellants, on real estate in Kearney, Nebraska. In addition to the real estate mortgage, certain promissory notes from the Kizziers to the plaintiff were also secured with personal property in the form of warehouse receipts on foreign bicycles. After the Kizziers had defaulted...

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