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<br /> - � D �C� C�[��Q� �OC� � ��� OG3D � � :
<br />_ _.- -__: ---�-_v^_ ��� -._- -�__ _---_�. �,-�
<br /> .3�ZiJ-CtOPP6BARTLETTCO..PHINTING,LITH06pAPHING.BTATIONEHV;OMAHA , � � � .. � . . ... ...- _- ��--.- �� .. . ' �
<br />.... .. : . .. .. . . . I
<br /> The Court further finds that on �bout:the 8th duy of l�a.rch,1918, one Harry B.MurpY�y xas the o�vn�r .;,
<br /> f
<br /> iA fee simple of s�.id �bove de�cribed lands �.nd prerni.ses and tha,t he,-the s�iid Hr�.rry B.�urpY�y,�ras
<br /> �t the s�.id time �. m��.rried �n�.n �ind the head of �e ftimiiy �nd that he �nd hie wife und f�mily li�red
<br /> upon s�.id premises as their home and at said time claimed.: s�.me a.s his �2omeste�.d,dnd that the ea�ne �
<br /> w�.s in f�.ct the homestead of the s�id Ha,rry I3.D�urphy,and so continued to be until the 16th day of
<br /> �.rch,1918,when he canvPyed the swrne,for nalue, to this plu.intiff,and thFS,t this plaintiff has sinc� .,�
<br /> on or a.bout the 1F�th day of bfu.rch�1f�18,been the owner in f�e of said above described premises by -
<br /> purchase �nd convey��.nce from s�.id �i�,rry $.I�Iur�hy und wife for s�,me �.nd that �. deed of conveyance •
<br /> has been duly rpcorded on �a,rch 16", T918 in the office of the Recorder of Desds of Hall County,�
<br /> Nebrwska, in Book 55 �.t pa�e 2i9 of the Records therpof,ds in hia said pe�tition �.11eged. .
<br /> Tne Court furLher finds that on or abont the 8th d�.y of �.rch, 1918, the said Harry B.�urpY�y,
<br /> w►hile the o�ner of and in possession of s�.id �re�ises,and �vhile occupying same with his said �ife
<br /> �xs �. hamestead,entered into a certain written contract with the s�,id defend�nt Don Z.Lave for the
<br /> sal� and exeh�n�e of $aid la�nds �.nd premises,but that s�id contr�ct so signed by s�.id H�.rry B.
<br /> �ur�hy was not b5T him aeknowled��d�nor av�.s same si�ned, or �cknowled�ed, �r in �.ny w�.y executed.,by
<br /> his wife,l�yrtle B. I.Mur��hy,�.s hex hamestead,and thut said �retended contract t��.s not signed�exe-
<br /> cuted, �r delivered,ds required by the l�.ws •.�f the Stdte of Nebr�.9ka,�nd th�t sr�.me w�.s dnd is null
<br /> and void,and of no force or effect in Iaw .ar e�ui_ty,�nd did not convey dny interpst or cl�zim in
<br /> �aid premises to the s�,id Don L.Zove,but that notwithat�nding ��id f�cc�, the said Don I�.Love . c�.used �
<br /> said contr�et to be duly recorded and placed of record in H�11 County,Nebr��ska,r�nd that the record-
<br /> ing thereof,and the existence of swid pretended contr�ct, h�ve c�.st d cl.oud upon the ti_tle of s�id
<br /> premises a.nd �revents said plaintiff,s�s the owner thereof, to receive the full use and en�joyment
<br /> of same �,nd th�.t he is entitled to hav� said contrwet duly ea.ncelled,�n3 s�id cloud cdst upon his
<br /> sa.id title to s�.id premises duly removed and set �side �s pro.yed in his said petition. .
<br /> .T
<br /> IT IS '�?��FORF �3Y THE: CL;URT AP�rUDGFD,�CRFFI? AZtD GOT�SI1)ERED that the plaintiff is the owner `
<br /> of a feg simple title in the said l�,nds and premises above described, thr�t the s�id contr�ct made
<br /> 'oy t�ie s�id Ha,rry i�.�furphy with the s�.i.d Don L.Zove for � sal� and exch�.n�e of said premises as
<br /> set fortn in s�iid plaintifffs �etition and reeor:3ed in �iscellaneous Record 1�,�.t pa�e 383, of the
<br /> Records of Hall Count;�,Ptebraska�is null �.nd void,and of no effect. 4nd tha.t s�.me �vrss not made,eae��-
<br /> c�ted,signed,�nd �.cknowled�ed..�n the mo.nner required by lat� for the sa1e, tr�nsfer or �.ssi�nm$�t, .
<br /> of the homeste�.d of the s�id �3arry B.?�urr�,hy,and of his wife,iind thr�t the said plaintiff is en-
<br /> titled to have the cloud cast upon his s�.id title to s�did premisea by re�.son of s�id contr�ct
<br /> and the recorda.rig thereof, removed,�nd t�t s�.i� contr�ct is hereby $et �side,c�.neelled,and held -
<br /> for n�ught��.nd tha.t the title of sr�id plaintiff to sdid dbove described premises is hereby
<br /> quieted in him, free and clear of all cldims, ri�hts,title, or interests, of the said defend�,nts,
<br /> �on Z.Zove �znd Julia l,.I,ove,�snd both of them,and thrst s�iid defend�,nts.and a,11 pe rs ons claiming un-
<br /> der or �. through thern �.rP here�y forever en�joined �.nd precluded from ha�in� or claimin� any inter-
<br /> sst, right, or titla, in or to s�.id prernises, or �.ny �art thereof, by rer�son of said �.11eged contr�.ct.
<br /> as herAindbove found �snd set forth,�.nd th�,t s�.id �laintiff .xecover his costs in his beh�:l'f:�ex-
<br /> pen3ed a�;ainst tnA said defend�int,Don L.Zove,herein t�.xed at .�11.20. �
<br /> B�yard Ii.Paine�
<br /> Judge of the District Court.
<br /> St�,te of Nebr�.ska, j
<br /> j ss.
<br /> County of H�il, j I��alter I3.Rr�uert �lerk oF the �istrict Court within and for s�.id County and
<br /> Stdte,do her?by certify th�t I hr�ve com�z�red the forPgoing copy of the �C� in the ca.se of I,.E.
<br /> Gruvex vs. Don L.Zove,et al. rendered and filed by s�id Court of the 25th da.y of �Tovember A.D. . 1919�
<br /> with th� origina.l filed in my office and that the s�e is w correct tr�.nscript ther�ot,and nf the
<br /> �hol� of suid origina.l.
<br /> IN T�STIMONY ��ERFOF. I h�ve hereunto set my ��nd dnd c�.used to be affixed ,the official seal e�f
<br /> said Court,at the Cit�T � of Grwnd Islan3, tnis 2nd d�.y of ?s�a.rch A.D. „1920.
<br /> (SEAI,j �Valter �i.Rauert � . I
<br /> Cle rk of the Di s tric�t Court.
<br /> Filed for record tnis 2 dwy of Tviarch 192Q,at 2 o� clock P.DB.
<br /> ����� �
<br /> R�gister of Deeds
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