Erickson v. Newell

This is an action to foreclose a real estate mortgage brought by Sophie Erickson, as plaintiff, against Margaret A. Morton, nee Newell, hereinafter referred to as defendant, and her husband. The trial court dismissed plaintiff’s petition. We reverse the judgment and remand the cause.

Defendant, a Nebraska resident, is a niece of the plaintiff who resides in Illinois. On June 18, 1962, plaintiff forwarded the sum of $10,000 to defendant. In August of that year, plaintiff came to Nebraska and paid off a first mortgage on defendant’s home in the sum of $14,460.46. It is conceded that defendant…