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<br /> �gSC��LA�T�O�JS R�CC,RD �
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<br /> rx¢�ucusnx�co.-7606
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<br /> !,addition to the city of Grand Island,Nebraska, and that said mortgage so drawn, did no� non.t'Qrm
<br /> !with the a.greement and the intentions of the parties thereto, in that it de$cribed lots Five (5) i
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<br /> ' Seven (7) and Nine (9) in said Bloek Seven (7) in ScarfP's Addition, instead of correctly describ�
<br /> ' ing said premises as Lots One (1) and Three (j) in Block Ten (10) in Scasff�s Addition to �fest ;
<br /> Lawn in the city of Grand Is1.and,Nebraska, and all oP that part of Waugh Street in eaid city lyin �
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<br /> and being immediately north of and ad,jacent to Lot One (1) in �aid Block Ten (10) of 5carff 's ii
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<br /> Addition.
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<br /> ' The eourt further finds that said mortgage was duly recorded in the office of the Register of �I
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<br /> '. Deeds in Hall County, Nebraska, on November �, 19z9, �n book 59 of mortgagea at page 435 of the i,I
<br /> Imortgage records oP Hall County, Nebraska; that said erroneous descript3on was by mutual mistake, i
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<br /> � errpr and ina.dverta.nce; and that it was the agreement and intention of the plaintifP herein and '�
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<br /> `�' the Grand Island College, a corporation, that the premises on which said dwelling house, g�.ra�e, ;
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<br /> • ' and improvements were actually located, to-wit; Lots One (1) and Three (3) in Block Ten (10) in ;i
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<br /> ' Scarff 's Addition to �Vest Lawn in the city of Grand Island,Nebraska. and all of that paxt of Waugh �I
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<br /> ! Street in said city lying and bein� immediately North of and ad�acent to said Lot One (1) in said�M
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<br /> �' Block Ten (10) ScarfP's Addition should have been deseribed and covered in the mortgage execu'Ged '
<br /> � as above set forth, and that the plaintiff herein is entitled to have said mortga.ge and the des- ;�
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<br /> ' cription therein corrected, changed and reformed so as to comply with the true and express agree- j,
<br /> ' ment and contract and intention of the parties thereto. �
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<br /> ' The court fur�her finds that the Chicago Lumber Company, a corporation, Edward F.Hannon, Herbert ;
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<br /> � ! Mayer, HArry Grimminger, the city of Grand Island, a Corporation, Sabra Abbott,- Jamea H.Pollard, "
<br /> ' Reink�.ng Grain and Supplq Company, J.I.Holco�nb �Ianufacturing Cor�pany, and G.P.�cBride have ob- ;
<br /> , tained �udgments against the dePendant, the Grand Island Colle�e, that E.�'.Augustine, H.G.�ellen- '
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<br /> siek and Herbert �Iayer were appointed receivers of the property and asaets of the Grand Island ;I
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<br /> ; College on June 17, 1932, and that a�y� claims or liens which the above named defendants or eitherjl
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<br /> � of them had against the premises, to�rit: Lots One (1) , and Three (3) , in Block Ten (10) , in !�
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<br /> ` Scarff �s Addition to West La�m in the city of Grand Island,Nebraska, and all of that part oP ;�
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<br /> �° Waugh Street in said city lying and being imm�diately North of^ ad,�acent to said Lot One (1) in
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<br /> ;4 said Block Ten (10) , of Searf'f'.'.s Addition, were obtained with the Pull knowledge o� the plaintif� s
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<br /> " mort�;a�e and 3ien, that none of said creditor� have been mislead in any manner by reason o� tne �I
<br /> !' erroneou� and mistaken description in said mortgage contained, and that none o� said ereditors ha�'e
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<br /> ', been damaged or in,jured or afPected by reason of said erroneous description, and that any and all�
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<br /> claims which they or either of them may have acquired against said premises by reason of their !!
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<br /> ; ,�udgments or other claims, are inferior and subsequent and ,�unior to the lien of the plaintiff �,i
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<br /> ' herein upon said premises, to-wit: Lots One (1) and Three (3} in Block Ten (10�)',in ScarPf�s Add- ;I
<br /> ition '�o '�est Lawn in the c3ty of Qrand Island,Nebraska,and all of tha.t part oP �augh Street in I,'�
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<br /> � said city lying and being i�media�ely north of and ad�acent �to Lot One (1) in said Bloak Ten (10) �
<br /> �' of ScarfP�s Addition. ;
<br /> ' IT IS THE�EFOAE OR.DERED,ADJUDGED,AND DECREED by the court that the allegations of the plai.ntif��a'
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<br /> peti'�lon are true,that a mutual mistake and error was made in dxawing the mort�a�e in Pavor of j
<br /> ' the plaintiff,by the Grand Island College,a corporation,that said mortgage was intended to,and
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<br /> '' did cover,Lots �ne (1) and Three (3) in Blocik Ten (10) ,in Saarf'��s Addition to VPest La,wn,in the
<br /> �� oity of Grand �aland,�ebraska, and all of that part o� Wau�h 8treet in said city lying and being ��
<br /> `: immediately �Torth and ad�aesnt to said Lot One (1� in said Block �en (10) of SeaxfP's Addition, ;I
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<br /> ` and �hat said mortgage 18 hereby decreed to be reformed,changed,and amended eo ae to cover said
<br /> � '� Lots One (1� and Three (3) in Bloek Ten (10) in :3aarf��s Addition to West Lawn,in the city of
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<br /> '' Grand Island,�tebraska,and all oP that part oP l�augh Street in said city lying and being immediate
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<br /> lq North oP and ad�acen� to said Lot One (1) in said Block Ten (10) of SoarPf�s Addition. I
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<br /> ', It is further ordered,ad�udged and deereed by the court �hat any lien,�udgment or claim of the �
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<br /> i� defendanta or either of them in and to said Lots �ne (1) and Three (3) in Blook ten (10) ,in
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