Quesner v. Novotny

Plaintiff, Ernest Quesner, and appellant herein, brought this action in the district court for Cuming county, Nebraska, to foreclose a real estate mortgage on a 120-acre farm given to secure the payment of a note for $10,000. The petition was in the usual form.

The answer admitted execution of the note and mortgage and then denied all the remaining allegations of the plaintiff’s petition. It also contained two affirmative defenses, one of which was that the note and mortgage in suit were *828given to, and for the benefit of, the Howells State Bank; that at the time of the execution of the note and…