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<br /> 89871-S7ATE JOURNAL COMPANY,LINCOLN,NEB. � `^�
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<br /> owners of said real estate,made,executed,a�knoWledged,and deliver�d to ane 0. J.3mith a mort�i,�e
<br /> deed upon eaid southwest quarter of Section Five ( 5) ,in Township Eleven (11) ,North,Range '
<br /> T�eive (12) �est of the 6th P.�. ,in Hall County,Nebraska,to secure the payment�,of their p�om,:
<br /> issory note for the sum of �S�O,which said mort�age deed �as,on the IOth day of Apri1,1�9�,duly
<br /> deposited in the office of the Re�ister o� Deeds of Hall Gounty,P4ebraska,for recorfl, and was '
<br /> on said date duly recorded in Book 24 of �ort�a.gea at Page 72 of the mortga.ge records of Ha17�
<br /> County,Nebraska,and that on or about the 22nd d.a.y of �ay,lf�9�,the said 0. J. 3mith,by his
<br /> assignment in �sri�ing,duly si�ned,acknowled�ed,and deiivered,eold and conveyed said mortgage �to
<br /> the defendant Oliver J.Hartsock,�hich said aBSigl�men#" of said mortgage was,on the 13th da.y
<br /> of November,l�9 4,duly recorded in Book 10 of releases and assi�nmenta at page 309 of the re-
<br /> ' cords in the office of the Register of Deeds of Hall County,Nebraska; tha.t said note and mort�a.ge
<br /> have long since been paid an d satisfied,and are now barred by the st�.tute of limitation of tl�e
<br /> state of Nebraska,yet said mortgage still stands of record in the narae of the defendant Oliv�r
<br /> J.Ha.rtsock,unsatisfied and un�rgleased of re�ord,and casts a cloud upon plair�tiff� s title to :
<br /> said premises and prevents plaintiff from the full and free use,enjoyment,and benefit of saic�
<br /> : premises,and that plaintiff is entitled,as a matter of rigY�t,to have said mortgage cancelled ''
<br /> of record and held for naught.
<br /> The Court further finds that there are other persons who ciaim to have,or who may have,
<br /> some interest in,right,or title to said mort�age,so reeorded in Book 2�+,of �#ortga�es at Page ;',
<br /> 72 of the mortgage records of Hall County,Nebraska,but t��e.t the rights of any such persons, I
<br /> if sueh there be,do not appear of record in or by their respective names,in the records of Ha'll
<br /> County,Nebraska,where said rea�.�westate is situated,and that after diligent inve�tigation .
<br /> and cateful inquiry,plaintiff has been unable to ascertain,and does not kno�,the names,or
<br /> �hereabouta,if in this state,or the resideneea of such persons,�ho are designated ae "alI otl�er �
<br /> persons havin� or claiming any interest in the southwest quarter of Section 5,in To�anship 11,;;
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<br /> North,Rar�ge 12 �Pest of the 6tYi Principal B�eridian,in �iall Countp,Nebraska,real names unknv�n,���
<br /> def enda.nts. "
<br /> iT IS,THEREFORE,OFD�RED,ADJUDGED ,AND DEQREED BY TF� COURT that said mortga�e �iven by
<br /> �Pillia.m Frank and �attie Frank,his wii'e,and Charlea E.Benson,unmarried,to said O.J. 3mith,
<br /> to securecthe payment of their promissory note for the svm of �5�O,whieh mortga.ge was,on the !
<br /> , IOth day of April,lg9�,recorded in the office af the Register of Deeds of Hall County,�tebrask��.,
<br /> ! in Book 2�- of �ortgages at page 72 of the mort�a,�e records of Hall County,Nebraska,and there=�
<br /> ' after assigned by the said D.J. 3mith �o �he defenda.nt �liver J.Hartsoek,which said as�nment ,!
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<br /> v�as recorded in the office of the Register of Deeds on the 13th day of Rovember,l�9 4,f.n Baok ';
<br /> IO of releases and assignments at Pa�e 309 of the records of Hall County,l�ebraska,has been fv�lly
<br /> paid and satisfied,and is no lon�er a valid lien again�et the premises d�seribed in plaintiff�.s
<br /> petition,and eaid mort�age,so recorded in Book 2�- of mortgages at Pa�e 72 of the mortgage re_,
<br /> cords of Hall County,Nebraska,is hereby cancelled of reeord and held for naught,and plaintiff"' s
<br /> title to eaid south�est quarter of 3ection 5,in Township 11,North,Range 12 �est bf the 6th
<br /> P.2�. ,in Ha.11 County,Nebraska,is hereby affirmed,confirmed,and quieted,in plaintiff as againsti!
<br /> t'�e defendant. Oliver J.�a.rtsock,and all other persons having or claiming any int erest in the
<br /> southwest qua.rter of Sec�ion S,To�vnship 11,Nor�h,Ra.nge 12 west of the siath P.�C. ,in Hall
<br /> �ounty,Nebraska,real na.mes unknown,defendants,and as against each and all of thenya.nd said
<br /> defendants,and each and all of them,are forever barred,ex. a�uded,and enjoined from setting
<br /> uo or asserting any right, ti�le,interest,lien or eatate in and to said southwest quarter of 'i
<br /> section 5,in Tovonship 11,Nor�h,Range 12 �est of the Sixth P.�. ,in Hall County,DTebraska,adver�ie
<br /> : to the title of the plaintiff thereto.
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