Hamling v. Ætna Life Ins.

JOHNSON, District Judge.

This appeal is from a decree in favor of appellees foreclosing a mortgage upon 240 acres of land in Boyd county, Nebraska, the property of appellants. One hundred and sixty acres of this land were occupied by appellants, who are husband and wife, as a homestead. Two grounds are urged for the reversal, or rather the modification, of the decree — it being admitted that the mortgage is valid and the decree proper as respects 80 acres of the land *113ordered to be sold. The first ground relied upon, as stated in appellants’ brief, is: “That on the plain evidence and under the…