State ex rel. Spelts v. Rowe

Dickson, District Judge.

This is an appéal from the district court for Sherman county denying the appellant, relator below, a writ of mandamus against appellees, respondents below. There is no disputed question of fact. A brief statement only is necessary to an understanding of the questions involved.

The appellant is the owner of a farm, mortgaged on the Sth day of March, 1919, to the Lincoln Joint Stock Land Bank of Lincoln, Nebraska, for $16,000, upon which he had paid, when the action was begun, the sum of $162.40, leaving a mortgagee’s interest of $15,837.60. The mortgage does not contain…