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<br /> DEC3REE � I�
<br /> IN THE DISTRICT COURT O� HALL COUNTY,NEBRASKA.
<br /> John Schaupd�ch, �'
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<br /> Plaintiff ''�
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<br /> � vs. . I;
<br /> Philip Arlbey Obermiller, DECREE,
<br /> Henry �Gilmer Cbermiller and
<br /> . Anna E. �`.Obermiller,guardian of said '''
<br /> � � Philip Arlbey �bermiller and ;;
<br /> Henry Wilnner Obermiller, �!
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<br /> Defendants. ,
<br /> Nov� on this 3rd day of June,1925,this cause came on for hearing upon the motion of the !i
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<br /> Plaintiff by Ada.yer � Kroger his Attorneys for the default of Anna E. S. Obermiiler,and the i;
<br /> Plourt having examined the records anc� files a.nd b�fng fully advised in the premisea finds i;
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<br /> ' t�at due and 1ega1. service has been made upon the said Anna E. S.Obermiller,in the manner ij
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<br /> ' provided by Law,and that she is in default for anse�er,demurer or other pleading and the �
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<br /> default of the said Anna E. S. �bermiller is hereby dulp takemar�ct�n�'��- �'
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<br /> And this cause coming on further to be heard upon the petition of the Plaintiff and the �i
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<br /> ansaer of �illiam suhr,guardian ad litem for Philip Arlbey Obermiller and Henry �ilmer Ober— 'i
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<br /> miller and the evidence,and was submitted to the Court and the Court being fully advised in !j
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<br /> the premises finds that the facts stated in Plaintiff� s petition are true and that at �he ij
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<br /> commencement of this action,Plaintiff was in aetual posses�n and occupancy of the North ;j
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<br /> � East Qua.rter of the 8outh East Qua.rter (NE� 3E�) and the South East Qua.rter of the IJorth ;j
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<br /> East Quarter ( SE� NE�) of Section Four (�+) ,Township Ten ( 10) ,North,Ra.nge Nine �9) ,�est of �',
<br /> the 9ixth P. M. ,and that Plai.ntiff haa a legal Estate therein and is entitled to the possessic�n
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<br /> thereof and the reiief pra.yed for in his petition. That Plaintiff derived his title to said I!
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<br /> . premises by �Parranty Deed from Augusta Cords and husband; that Charles J.Corde,the husband '�';
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<br /> of Augusta Cords �as the Executor and Trustee of the last 9�i11 and Testament of Fredricke i�
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<br /> ' �eesch,�ho departed this life on the 29th. da,y of Julp,1922 ,and that the property described I
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<br /> in the Plaintiff' e petition was a part of the Eatate of Fred rieke Heesch and that bp the �i
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<br /> terms of the last 9�i11 and Testament ,and Executor and Trustee was directed to sell said land� .
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<br /> �ithin one yea.r after death of the said Fredricke Heesch �.nd the Court finds that he did i!
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<br /> , sell said lands at publie sale at the Pront and main door of the Court House i�--the City i!
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<br /> of Grand Island,in June,1923 and that at such sale Augusta Cords purchased said property.
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<br /> The Court fu�ther finds that said sale was attended by a large number of bidders and tha.t
<br /> :�� the bid of Augusta Corda was the highest obtainable bid at the time of said sale and tha'� h
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<br /> � it represented the fair market �r�lue of said premie�s at said time,to—�it: June,192�,and ,;i
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<br /> that there �as no fraud or collusion on the part of the Executor and Trustee and said Aug— {
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<br /> ; usta Cords notwithstanding the fact that the purchaser �vas the wife of said Executor aud �
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<br /> � Trustee. The Court finds that the Defendants,Philip Arlbep O�a�Pmiller and Henry l�ilmer �;
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<br /> i Obermiller wer�minors at the time of said sale,but that said sale was fairly conducted arid ;�
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<br /> the priee paid there fore was the fair market value of said premises at the time of said '�
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<br /> sale and thay said minors have received their proportionate share of the proceeds oF ssid I�
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<br /> '� sale and that they have no further interest in said premises and that Augusta�ords,as one
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<br /> 'i of the heirs of Fredricke Heesch,was protecting her own interest in said premises by bidding��
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<br /> '; at said sale and that no �.dvantage of any kind was taken af the relationship between the sai
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<br /> ';� purchaser and the Trustee condu�tin� the sale.
<br /> ' The Gour�t further finds that Anna E. S.Cbermiller has no interest in said premises and tha
<br /> - she �vas made a party Defendant in thia aetion only because she is the mother e�d guardian �
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