Jenkins Land & Live Stock Co. v. Attwood

Root, 0.

This was an action to cancel a sheriff’s deed, whereby appellant claims title to 474 acres of land in Dundy eonnty. The facts, as we glean them from the evidence, and the admissions in the pleadings, are: That one Warner in 1889, being the owner of the fee of said lands, executed a mortgage thereon to secure the payment of his promissory note. Soon thereafter Warner sold and conveyed his equity to the Nebraska Real Estate and Live Stock Association. Appellant became the owner of the note and mortgage, and on the 80th day of September, 1892, commenced his action to foreclose the…