MURPHY v. MURPHY

No. 90-273.

466 N.W.2d 87 (1991)

237 Neb. 406

JoAnna E. MURPHY, Appellee, v. Timothy J. MURPHY, Appellant.

Supreme Court of Nebraska.

March 1, 1991.


Attorney(s) appearing for the Case

Dennis E. Martin and Lowell R. Johnson, of Martin & Martin, P.C., Omaha, for appellant.

No appearance for appellee.

HASTINGS, C.J., and BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.


HASTINGS, Chief Justice.

Defendant, Timothy J. Murphy, appeals from the overruling of his motions to stay the order of sale, to quash the writ of assistance, and to vacate the default decree of foreclosure. Although the action was brought as a strict foreclosure of a land contract, the decree amounted to one of ejectment. We affirm as modified.

The Supreme Court, in reviewing a trial court's action in vacating or refusing to vacate a default judgment, will...

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