Berger v. Bierschbach

The opinion of the court was delivered by

Fontron, J.:

This appeal stems from a judgment of the Harvey County District Court adjudging that a warranty deed given by the plaintiffs, Milton and Martha Berger, to the defendant, John H. Bierschbach, was an equitable mortgage and that the defendant should reconvey the land to plaintiffs upon payment of their indebtedness into court. The plaintiffs have paid the money into court, but the defendant has refused to accept the same, and has filed this appeal. Throughout this opinion the appellant will be referred to as the defendant, or Bierschbach, and…