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McCOOK NAT. BANK v. MYERS

No. S-91-316.

503 N.W.2d 200 (1993)

243 Neb. 853

McCOOK NATIONAL BANK, a National Banking Association, Appellee and Cross-Appellant, v. Arden E. MYERS and Edith Myers, Husband and Wife, et al., Appellants and Cross-Appellees, and Maxine E. Myers, Appellee and Cross-Appellee.

Supreme Court of Nebraska.

July 23, 1993.

Attorney(s) appearing for the Case

Daylene A. Bennett, of Burger, Bennett & Green, P.C., McCook, for appellants.

Susan C. Williams, of Murphy, Pederson & Waite, North Platte, and Stanley C. Goodwin, McCook, for appellee McCook Nat. Bank.

George E. Clough, of Clough Law Office, North Platte, for appellee Maxine E. Myers.

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

WHITE, Justice.

Arden Myers; his wife, Edith Myers; and Adair Myers (the Myerses), along with the Myers Brothers partnership (the Partnership), appeal the judgment of the district court foreclosing two real estate mortgages signed by the Myerses and held by appellee McCook National Bank (the Bank). The foreclosure was allowed in order to pay two of the Partnership's notes which were in default. The Bank cross-appeals, arguing that the court erred by (1) refusing to...

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