Forrer v. Kloke
Nebraska Supreme Court
John Forrer brought an action in the district court of Cuming county, alleging; — 1. That he has the legal title to lot 6, block 10, in the city of West Point, in said county, and that defendant John Kloke sets up an estate and interest therein adverse to the plaintiff 2. That on January 31, 1879, an order of sale, at the request of said John Kloke, was issued out of the district court for Cuming county, for the sale of said premises, to satisfy a pretended judgment in favor…
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John Forrer brought an action in the district court of Cuming county, alleging; — 1. That he has the legal title to lot 6, block 10, in the city of West Point, in said county, and that defendant John Kloke sets up an estate and interest therein adverse to the plaintiff 2. That on January 31, 1879, an order of sale, at the request of said John Kloke, was issued out of the district court for Cuming county, for the sale of said premises, to satisfy a pretended judgment in favor of said John Kloke, and against L. B. Schonlau and Lina Schonlau, for $1,105.70, amount claimed to be due on a certain…
1Opinion of the CourtCobb, J.
In their foreclosure suit Nye, Colson & Co. make the defendant John Bloke, as well as the Schonlaus, defendants; but their only allegation to charge him contained in their petition is as follows:
“7. The défendant John Bloke claim's to have some lien or estate in said premises, but the plaintiffs *378are ignorant of the extent thereof, nor do they know whether said defendant has at this time a subsisting lien upon said premises, and they demand proof of the same.”
Thus it will be seen they presented, no issue to Kloke, nor assailed either the validity, priority, or amount of his lien in any degree.…
2Cases cited3 opinions
- Miller v. FinnNebraska Supreme Court · 1871
- Shellenbarger v. BiserNebraska Supreme Court · 1876
- Buel v. FarwellNebraska Supreme Court · 1879
3Cited by3 opinions
- Coffin v. Old Line Life InsuranceNebraska Supreme Court · 1941
- Smith v. LytleSupreme Court of Minnesota · 1880
- Burnett v. HoffmanNebraska Supreme Court · 1894