Miles Homes, Inc. v. Muhs

169 N.W.2d 691 (1969)

184 Neb. 617

MILES HOMES, INC., of Nebraska, Appellant,

v.

Walter A. MUHS, Jr. and Yvonne L. Muhs, husband and wife et al., Appellees.

No. 37199.

Supreme Court of Nebraska.

July 25, 1969.

Barney, Carter & Buchholz, Lincoln, Brogan & Monen, Norfolk, for appellant.

McFadden & Kirby, Norfolk, for appellees.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, SMITH, McCOWN and NEWTON, JJ.

SMITH, Justice.

Defendants gave an unacknowledged mortgage on their homestead to plaintiff, a materialman, in order to finish their dwelling house. In this foreclosure suit the district court dismissed…