Barnes v. Barker

Nebraska Supreme Court
Barnes v. Barker, 113 Neb. 119 (Neb. 1925)
202 N.W. 432; 1925 Neb. LEXIS 63
Day, Good, Morrissey, Rose, Shepherd

Barnes v. Barker

Opinion of the Court

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.

Reference

Full Case Name
Thomas H. Barnes v. Earl C. Barker
Status
Published