Graves v. Macfarland

This is an appeal by George Graves from a judgment of the district court of Antelope county. The facts es*803sential to an understanding of tlie questions presented for decision are these: The appellant, who was plaintiff below, purchased of Lyman Seiler, in August, 1890, a lot in the city of Lincoln subject, according to the recital of the deed, to an incumbrance of $3,600. In January, 1892, the mortgagee, J. D. Macfarland, brought an action in the district court of Lancaster county to foreclose his mortgage, making Seiler and Graves and wife parties defendant. Mr. and Mrs. Graves resided in the…