88 Neb. 742 | Neb. | 1911
This is a suit to foreclose a mortgage for $1,000 on a residence property in the city of Kearney. When the mort
Plaintiff asserts that the ownership of the mortgage is the sole question in the case, that it was determined against defendants on the former appeal, and that con
It therefore clearly appears that plaintiff, pursuant to the order of the court having authority to control his actions as guardian, sued the defaulter on his bond for the converted money received for the transfer of the mortgage. That the sureties are liable for such a defalcation on part of their principal is a well-settled proposition of
The trial court in the present case properly .respected the election thus made, and the dismissal is
Affirmed.