KLITZING v. DIDIER

No. 82-593.

337 N.W.2d 418 (1983)

215 Neb. 122

Josie J. KLITZING, Appellee and Cross-Appellant, v. Mary DIDIER and John Didier, Appellants and Cross-Appellees.

Supreme Court of Nebraska.

August 5, 1983.


Attorney(s) appearing for the Case

George A. Sommer, Scottsbluff, for appellants and cross-appellees.

Robert G. Simmons, Jr., of Wright, Simmons & Selzer, Scottsbluff, for appellee and cross-appellant.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ.


McCOWN, Justice.

This is an action by Mary Didier against Josie Klitzing on a promissory note and mortgage. Josie Klitzing filed a counterclaim alleging that Mary had committed a fraud upon Stephen Crouse, and had also conspired with Stephen Crouse to defraud Josie Klitzing in connection with a different land sale transaction. The District Court found that Josie Klitzing was indebted to Mary Didier on the note and mortgage in the sum of $5,680 and entered judgment...

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