Same v. Same

After the filing of the opinion in this case a motion for a rehearing was made which was sustained and the cause again argued and submitted to the court.

The action is brought to foreclose a deed absolute on its face, executed on the 22d of October, 1877, by John A, Smiley and wife to the plaintiff, for the W. J of the S. E. J of Sec. 3, T. 15, R. 13 E., in Douglas county. The defendants, Morton, Forbes, and Burley, claim to have purchased portions of said premises under judgments against Smiley. The court below found that the deed from Smiley and wife to the plaintiff was a mortgage; but…