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WALKER LAND AND CATTLE CO. v. DAUB

No. 84-955.

389 N.W.2d 560 (1986)

223 Neb. 343

WALKER LAND AND CATTLE CO. Partnership, Appellee, v. Russell S. DAUB and Carolyn S. Daub, Defendants and Counterclaimants and Third-Party Plaintiffs, Appellants, and Chambers State Bank of Chambers, Nebraska, Appellee, Harry R. Walker II, Third-Party Defendant, Appellee.

Supreme Court of Nebraska.

July 3, 1986.

Attorney(s) appearing for the Case

Robert E. Wheeler, Ord, for appellants.

David A. Domina of Domina & Gerrard, P.C., Norfolk, for appellee Walker Land and Cattle.

KRIVOSHA, C.J., WHITE, and SHANAHAN, JJ., and RIST, District Judge, and COLWELL, District Judge, Retired.

COLWELL, District Judge, Retired.

This case involves two issues: the foreclosure of a farm mortgage brought by plaintiff mortgagee against defendants mortgagors, Russell S. and Carolyn S. Daub, husband and wife (Daub), and the settlement of accounts between the same parties incurred while plaintiff acted as agent for defendants Daub as manager of the mortgaged farm. From a decree of foreclosure and a judgment on the account in favor of plaintiff for $23,075.78 together...

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