96 Neb. 552 | Neb. | 1914
In 1884 defendant sold the north half of section 19, township 7, range 11, in Adams county, to one William Gardiner, and executed and delivered to him a warranty deed therefor. In 1885 the nominal plaintiff in this proceeding, St. Paul Harvester Works, commenced a suit to foreclose a mortgage upon the land described, which had been executed by defendant. Gardiner, to protect his interests in the land, first took a nine months’ stay, and then paid the decree which had been entered in the foreclosure suit. Nothing further appears to have been done until June, 1909, when Gardiner filed a motion in the original foreclosure suit “to revive the judgment.” A conditional order of revivor was entered, to which defendant answered. Upon hearing the matter, the district court dismissed Gar-diner’s application for revivor, from which order of dismissal this appeal is prosecuted.
In the briefs counsel on both sides concede that the only question before us on this appeal is whether a decree of foreclosure is a judgment within the meaning of section 482 of the code, which becomes dormant at the expiration of five years, and which may be revived in the same
Affirmed.