48 Neb. 536 | Neb. | 1896
Jobn C. Havemeyer brought this suit in équity in the district court of Douglas county against Marcus Dahn and Barbara Dahn, his wife, to foreclose a real estate mortgage. A corporation known as the O. F. Davis Company and a copartnership known as Storz & Iler were also made defendants to the action. The latter two filed cross-petitions, by which they also sought to foreclose mortgages held by them upon the real estate of Dahn. By the decree of the district court Havemeyer and the O. F. Davis Company were given liens upon the real estate as prayed for in their petition and cross-petition; but the district court denied the prayer of the cross-petition of Storz & Iler and dismissed the same and from this decree they have appealed.
Reversed and remanded.