Beebe v. Bahr

Good, C.

Plaintiff brought this action in the district court for Keya Paha county to foreclose a mortgage on real estate *192situate in said county. Defendants denied all the allegations of the petition, and averred that the mortgage lien had been extinguished in tax lien foreclosure proceedings had against the land subsequent to the execution of the mortgage. Defendants had judgment, and plaintiff has appealed.

It is unnecessary to consider any of the plaintiff’s assignments of error. Plaintiff’s petition contained the allegation that no suit, either in law or in equity, had been instituted for…