Cheney v. Harding

This was an action brought by the plaintiff, Prentiss D. Cheney, • to redeem certain lands in Otoe county, upon which he is the holder of a second mortgage, from a sale pursuant to a judgment of foreclosure rendered in an action brought by the holder of a first mortgage upon the same lands, and in which action the plaintiff was a defendant.

The judgment of the district court was for the defendants dismissing the action, and the cause is brought to this court by the plaintiff by appeal. He assigns the following errors:

“ First. The court below erred in holding that Cheney’s admission of service,…