51 Neb. 228 | Neb. | 1897
This action was instituted by plaintiff to subject certain real estate to the payment of its two judgments recovered against the defendant Merritt D. Welch. Subsequently, William A. Sayers and A. R. Scoville filed an answer and cross-petition praying that a judgment recovered by them against said Welch be adjudged a lien on the said property, and that the same be sold upon execution to satisfy the judgment. From a decree dismissing the petition and cross-petition plaintiff and the defendants Sayers and Scoville appeal.
The facts may be summarized as follows: The defendants Merritt D. Welch and Lizzie O. Welch are, and have been since 1872, husband and wife. In July, 1893, plaintiff recovered two judgments in the county court of Lancaster county against said Merritt D. Welch, one for $506.43 and costs, and the other in the sum of $499.15, besides costs of suit. Transcripts of these judgments were duly filed and docketed in the district court of said county, and executions were issued thereon, which were returned nulla bona. Subsequently, alias executions were issued and levied upon lots 7, 8, and 9, in block 4, of •Pleasant Hill subdivision of lots 3, 4, 5, and 6, in the
Affirmed.