|
� � �
<br /> �����1��'����������� � �'����D �
<br /> Now on this 29th day of April 1932 , �Yie:: s�a� Ys���g;gflne of the judicial days of the regular ter
<br /> of the District Court of Ha11 (lounty, Nebraska, this cause came on to be heard on the cross
<br /> petition of �he defendant, The �chool District of the City of Grand Island, in the County of I
<br />� Hall, in the 9tate of Nebraska, and the court finda that due and 1e�a1 servioe has been had
<br /> on the Btandard Becurity Oompany, Vernon E.Arbo�ast and Minerva Arbogast and that each of sai
<br /> defendants is in default for answer or other pleading �.nd each of said defendants, being tric
<br /> called in open court, came not but made defaul� and thereby admitted the alle�ations of the
<br /> cross petition of the said School District to be true and a default is hereby taken and enter d
<br /> against them and ea,ch of them.
<br /> And said cause ca.me on further to be heard on said cross petition as against the three said
<br /> defendants being continued as to the ri�hts of the pl�.intiff and the other parties to said
<br /> action, and the court after the taking of e vidence and the argument of counsel, being fully
<br /> � advised in the premisee, finds;
<br /> The court finds generally that the allegations contained in the said cross petition of the
<br /> def.t,�ndant, The 9chool Dietrict of the City of Grand Island, in the County of Hall , in the
<br /> State of Nebraska, are true and that the said School District is entitled to the relief praye
<br /> for in said cross petition as against the three said def endants.
<br /> The court further finds that at the time the def endant; 9tandard 9ecurity Company took the
<br /> legal title to the premises in question the Sehool District had a written �option dated Januar
<br /> 3,t�,1g30, which is the contract marked Exhibit A and made a part of the sa�d c ross petition,
<br /> which contract avas recorded in the Office of the Re�ister of Deeds of Hall County, Nebraska,
<br /> January 11, 1930 and recorded in Book P of Miseellaneous records at Page 5��: 111Phhereby said
<br /> �choo3 District had an option to puxchase said premises , to-��:t: Lots One (1) ,Three (3) and
<br /> Five (5) in Block Twenty-nine (29) of Gilbert� s Third Addition to the Git3► of q�xand Island,
<br /> Hall County, Nebraska, for the sum of �1,000 and that the said Standard Security Company wa.s
<br /> charged with notice of the rights of the said 9chool District by reason o� sa.id option.
<br /> The court fupther finds that said premises are incumbered by a mortga�e to the plaintiff, The
<br /> Equitable Building & Loan Association, in a sum in excess of the purchase price of eaid optio ;
<br /> that on January 21, 1932� the said School District chose to exercise its option and purchase
<br /> said premise� in aecordance with the terms thereof and that a demand has been made on the
<br /> 9tandar d 9ecurity Oompany f or the transfer of the legal title to said School District and
<br /> such dem�.nd has been refused.
<br /> IT I� THEREFORE, CONSIDERED, ORDER�'D, AD�'UDGED AND DECREED BY THE COURT that the said 8tan-
<br /> dard 9ecurity Company make and deliver to. the defendant The School District of the City of
<br /> Grand Island, in the County of Hall, in the S�ate of Nebraska, within twenty days from the �,
<br /> date hereof a quit claim deed, transf erring the legal title to said premises, subject , how- II
<br /> ever, to the rights of the plaintiff, The Equitable Building & Loan Association by reason ;,
<br /> .
<br /> i
<br /> of their mortgage.
<br /> IT IS FURTH�'R ORDERED, ADJUDGED APTD DECREED BY THE COURT that if the said defendants shall f il
<br /> to rnake and deliver such deeds in a ecordance with the order of the court , that this decree
<br /> shall stand as a transfer of the le�al title of said premiaes, to-wit : Lots One (1) ,Three
<br /> (3) and Five (5) in B1ock Twenty-nine (29) of Gilbert� s Third Addition �o the City of Grand
<br /> Island,Ha11 Cfounty, Nebraska, to The 3chool District of the City of Grand Island, in the
<br /> County of Hall, in the 9tate of Nebraska, and the title to said premises shall be and the
<br /> same is hereby forever quieted and transferred in it , the said 8chool District subject how-
<br /> ever to the ri.ghts of the plaintiff.
<br /> The ri hts of the other arties to this acti n a
<br />
|