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COMMERCIAL FEDERAL S & L v. GRABENSTEIN

No. 87-582.

437 N.W.2d 775 (1989)

231 Neb. 647

COMMERCIAL FEDERAL SAVINGS AND LOAN ASSOCIATION, a Corporation, Appellee, v. Christian E. GRABENSTEIN et al., Appellees, Woods Investment Company, Appellant.

Supreme Court of Nebraska.

March 31, 1989.

Attorney(s) appearing for the Case

John R. Doyle, of Doyle & Doyle Law Offices, Lincoln, for appellant.

Thomas M. White and Pamela S. Bloch, of Fitzgerald & Brown, Omaha, for appellee Commercial Federal.

BOSLAUGH, SHANAHAN, and GRANT, JJ., and KNAPP and ROWLANDS, District Judges.

BOSLAUGH, Justice.

This is a mortgage foreclosure case in which the issue is whether the mortgage of the plaintiff, Commercial Federal Savings and Loan Association, is prior to the mortgage of the defendant Woods Investment Company.

The record shows that on March 14, 1979, the mortgagors, Christian E. Grabenstein and Janet C. Grabenstein, executed a note and mortgage to the plaintiff to secure a loan of $84,800. This mortgage was recorded on March 15, 1979...

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