Phillips v. Bishop

This is a rehearing of the case reported in 31 Nebraska, at page 853. The action was brought in the court below *488by Simeon Phillips to foreclose a mortgage given by Isaac C. Bishop and Ida Bishop, his wife. To the action, N. J. Paul was made a defendant, who filed an answer and cross-petition, praying the foreclosure of a mortgage given by the Bishops, upon the same real estate described in plaintiff’s petition, to one A. G. Kendall, and by him transferred to Paul.

To the cross-petition Isaac C. Bishop filed an answer, setting up that one tract of'the real estate in controversy was a homestead…