DUPUY v. WESTERN STATE BANK

No. 84-587.

375 N.W.2d 909 (1985)

221 Neb. 230

Wardell DUPUY and Janice Dupuy, Appellees, v. WESTERN STATE BANK, a Nebraska Banking Corporation, Appellant; R.J. Properties, Inc., a Nebraska Corporation, and R.J. Hamel, Also Known As Rodney J. Hamel, Appellees.

Supreme Court of Nebraska.

November 8, 1985.


Attorney(s) appearing for the Case

Eric W. Kruger of Bradford & Coenen, Omaha, for appellant.

Thomas Blount of Garber & Batt, Omaha, for appellees Dupuy.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, and GRANT, JJ., and COLWELL, District Judge, Retired.


WHITE, Justice.

Defendant Western State Bank appeals from a judgment of the Douglas County District Court ordering that the parcel of land known as Lot 19, Mossman & Wilson's Addition to the City of Omaha, Douglas County, Nebraska, be released from a mortgage encumbrance and further ordering that defendant R.J. Hamel, also known as Rodney J. Hamel (Hamel), pay Western State Bank the sum of $4,188.95 plus interest.

In March of 1978 Hamel obtained a loan...

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