McDowell v. Markey

Jackson, C.

On December 11, 1902, the plaintiff instituted this action in the district court for Holt county to foreclose a real estate mortgage given March 30, 1889,. to secure the payment of a promissory note payable to the Nebraska Mortgage & Investment Company April 1,1894. The petition contains this allegation: “That there has been no action at law to collect said bond or interest, neither has any been commenced nor has the same been paid.” The defendant, James F. Shoemaker, answered, admitting the *142execution of the note and mortgage, and denying the other allegations of the petition. He…