Nebraska Supreme Court March 6, 1925, No. 23675 (Nicholson v. Getchell)

Evans, J.

This is an action to foreclose a mortgage made by John W. Getchell to William S. Nicholson to secure the payment of a note for $23,000 due September 1, 1923. During the pendency of the action in the district court the mortgagor *249defendant died. There was a decree of foreclosure, from which John W. Getchell, Jr., as administrator of John W.