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113 Neb. 119

Barnes v. Barker

Nebraska Supreme Court

Decided February 17, 1925

Nebraska Supreme Court · decided 1925-02-17

Cited by 4 later decisions — most recently July 1927

4 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1925-02-17

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Rose, J.

¶1This 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.

¶2The 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.

¶3Appeal dismissed.

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