Michigan Trust Co. v. City of Red Cloud

Albert, C.

This case is before us a second timé. The former opinion is reported in 3 Neb. (Unof.) 722, where the facts are set forth at length.

1. As on the former hearing, the sufficiency of the petition is assailed on the ground, among others, that it fails to comply with sections 850 and 851 of the code, which require a petition for the foreclosure of a mortgage to state whether any proceedings at law have been had for the recovery of the debt secured by the mortgage sought to be foreclosed. The petition in this case deals with the trust deed as a mortgage, and the decree is an ordinary…