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FARM CREDIT BANK OF OMAHA v. STUTE

No. S-93-1102.

537 N.W.2d 496 (1995)

248 Neb. 573

FARM CREDIT BANK OF OMAHA, a Corporation, Appellee, v. Royce H. STUTE and Marsha A. Stute, Husband and Wife, Appellants.

Supreme Court of Nebraska.

September 22, 1995.

Attorney(s) appearing for the Case

Lawrence C. Crosby, of Crosby & Associates, for appellants.

Tim W. Thompson, of Kelley, Scritsmier & Byrne, P.C., for appellee.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, WRIGHT, CONNOLLY, and GERRARD, JJ.

PER CURIAM.

In a prior proceeding, the district court foreclosed the mortgage executed by the defendant-appellants herein, Royce H. Stute and Marsha A. Stute, husband and wife, and by the husband's mother, Mary A. Stute, and thereafter confirmed the sale of the mortgaged land. No appeal was taken from that prior proceeding. The plaintiff-appellee herein, Farm Credit Bank of Omaha, thereafter instituted this action on the...

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