Miles Homes, Inc. v. Muhs

Defendants gave an unacknowledged mortgage on their homestead to plaintiff, a materialman, in order to *618finish their dwelling house. In this foreclosure suit the district court dismissed plaintiff’s petition on the ground that the mortgage without defendants’ formal acknowledgment was unenforceable. Plaintiff has appealed.

Defendants, Walter A. Muhs, Jr., and wife, had purchased an acre tract in Stanton County, Nebraska, from his parents. The price for the tract which formed a part of a quarter section owned and occupied by his parents, was $1. In October 1960 defendants established their…