Barnes v. Barker

Nebraska Supreme Court

Barnes v. Barker

202 N.W. 432, 113 Neb. 119, 1925 Neb. LEXIS 63

CourtNebraska Supreme Court

DecidedFebruary 17, 1925

DocketNo. 23528

StatusPublished

This text of 202 N.W. 432 (Barnes v. Barker) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Barnes v. Barker, 202 N.W. 432, 113 Neb. 119, 1925 Neb. LEXIS 63 (Neb. 1925).

Pincite

Opinion

Rose, J.

This is a proceeding by vendees to vacate a decree foreclosing a contract for the purchase of land and to grant a new trial on account of fraud perpetrated by vendors in procuring the foreclosure. The trial court sustained a demurrer to the petition and dismissed the proceeding. Vendees have appealed.

The judgment which vendees allege was procured by fraud has been reversed on a direct appeal in the principal action. Barnes v. Barker, ante, p. 113. It follows that this is a moot appeal and consequently is dismissed at the costs of appellants.

Appeal dismissed.

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Rose, J.

This is a proceeding by vendees to vacate a decree foreclosing a contract for the purchase of land and to grant a new trial on account of fraud perpetrated by vendors in procuring the foreclosure. The trial court sustained a demurrer to the petition and dismissed the proceeding. Vendees have appealed.

The judgment which vendees allege was procured by fraud has been reversed on a direct appeal in the principal action. Barnes v. Barker, ante, p. 113. It follows that this is a moot appeal and consequently is dismissed at the costs of appellants.

Appeal dismissed.

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Bluebook (online)

202 N.W. 432, 113 Neb. 119, 1925 Neb. LEXIS 63, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barnes-v-barker-neb-1925.