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FEDERAL LAND BANK OF OMAHA v. JOHNSON

No. 87-495.

415 N.W.2d 478 (1987)

226 Neb. 877

The FEDERAL LAND BANK OF OMAHA, a Corporation, Appellant, v. Marlen JOHNSON, Appellee.

Supreme Court of Nebraska.

November 20, 1987.

Attorney(s) appearing for the Case

Gregory N. Lohr, Sioux City, Iowa, for appellant.

Rodney R. Smith of Smith & Boyd, South Sioux City, for appellee.

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

WHITE, Justice.

This is an appeal from the district court for Dixon County. The district court sustained the demurrers of defendant to plaintiff's November 21, 1986, petition and to the two amended petitions which followed.

The Federal Land Bank of Omaha's petitions alleged, in essence, that it had a security interest in crops grown on real estate owned by defendant Marlen Johnson's brother. The security interest allegedly arose pursuant to a real estate mortgage...

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