First National Bank v. Engelbercht

This cause was submitted and decided, the opinion then written being filed December 22,1898. (57 Neb. 270.) A motion for a rehearing was presented and granted, and the case has been again submitted.

In the petition filed in the action there was pleaded the facts of the execution and delivery of a promissory note to the bank by the appellants, the execution by one of them of a mortgage on certain described real estate as security for the payment of the “same” note, and the conditions of the mortgage were set forth and the default alleged. The statements of the petition were full and direct in…