State Bank v. Moritz

The opinion of the court was delivered by

Dawson, C. J.;

This was an action by the State Bank of Stella, Neb., against the late Gust Moritz to recover judgment on a promissory note for $5,300, dated December 16,1931.

The note had been secured by a second mortgage on the obligor’s farm in Richardson county, Nebraska, and when the first mortgage on that farm was foreclosed this note was also reduced to judgment in a court of competent jurisdiction in that state.

Afterwards, by leave of the Nebraska court, this note was withdrawn for the purpose of being sued on in this action in the district court…