Smith v. Allen

Letton, C.

This is an appeal from a judgment of the district court for Douglas county upon a deficiency arising upon the foreclosure of a mortgage. The main action, under the title of Smith v. Allen, was appealed to this court and the judgment therein affirmed (63 Neb. 74). The controversy in the case at bar is between the cross-petitioner, Van Sant, and the defendant, James A. Ollis, Jr. In the foreclosure case the cross-petition of Van Sant contained the following allegation: “That on the 6th day of January, 1894, said defendants Dora Pertz and August Pertz, her husband, sold and conveyed…