Frederick v. Gehling

When this case was here before (89 Neb. 93), it was determined upon a general demurrer to the defendant’s answer. The character of the case is stated in the former opinion, and the controlling allegations of the answer demurred to are also stated. The principal defense then insisted upon was that, in the sale upon the judgment under which the plaintiff claims title, the prior mortgages were in fact deducted as liens in the appraisement of the land. It was clearly and positively alleged in the answer “that these liens were deducted from the value of said premises, and said premises were…