Nebraska Supreme Court, 1925

Barnes v. Barker

Barnes v. Barker
Nebraska Supreme Court · Decided February 17, 1925 · Day, Good, Morrissey, Rose, Shepherd
113 Neb. 119; 202 N.W. 432; 1925 Neb. LEXIS 63

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.