Wagener v. Whitmore

Duffie, C.

This action was brought under the fourth subdivision of section 602 of the code to vacate a decree entered in the district court for Antelope county on June 28, 1904, The petition is quite voluminous, but the material facts alleged are the following: The original case was brought, by Wagener, in the year of 1902, for the purpose of redeeming certain lands in Antelope county from a judicial sale thereof made for delinquent taxes. Kruse was a defendant in the action, and filed an answer and cross-hill claiming an interest in the land as mortgagee, and in his cross-hill he also asked…