51 Neb. 146 | Neb. | 1897
This was an action by the plaintiff, the Norfolk State Bank, in the district court for Madison county, for the foreclosure of a mortgage executed by the defendants Schwenk and wife upon the north half of lot 1, in block 4, of Haase’s Suburban Lots, in the city of Norfolk, and to which the firm of Westervelt, Hayes & Yost, George N. Beels, the Chicago Lumber Company, the Norfolk National Bank, Valentine Blatz, and Charles Foster were also made defendants. A decree was in due time entered awarding to Westervelt, nayes & Yost a first lien upon the premises described, by reason of a judgment in said court against Schwenk, the mortgagor, in the sum of $131.15; to the plaintiff a second lien, by reason of the mortgage above described, in the sum of $405.33, and to the defendant Foster a third lien, by reason of a judgment
It is also contended by appellant that his judgment should have been awarded priority over the plaintiff’s mortgage. But for that contention there is no foundation in the record. Lot No. 1 was at all times between the months of January, 1888, and January, 1891, occupied as the homestead of the defendant Schwenk and family.
For reasons above stated, the order denying appellant’s motion is reversed and the cause remanded for further proceeding in the district court not inconsistent with this opinion.
Eeversed and remanded.