Pester v. Lowe

Plaintiffs commenced an action in the district court for Douglas County, Nebraska, to foreclose a real estate mortgage. Defendants Harold S. Lowe and Winnifred M. Lowe, husband and wife, are the owners of the mortgaged property. Said defendants filed an answer and cross-petition. The cross-petition was dismissed on motion to strike and defendants Lowe have appealed to this court.

Perhaps there is merit to defendants’ position that the ruling of the court was erroneous, but we, cannot consider that element of the case. Plaintiffs have moved for dismissal of the appeal on the grounds that the…