|
� �'��
<br /> . �
<br /> �� �C�E]L�L��T���7� �1E� O�� �
<br /> ______ _____.__---------_____._______-----.
<br /> 'fHE11UGU9TINECO.-7606 ---"'--'---_�..____.______ -._-- __.. -
<br /> I
<br /> i; the �ame fell due; that said mortgage was duly filed for record on June 26, 1935, and recorded inll
<br /> �
<br /> ; ;
<br /> ;�.Book 57 of Mortgages, at Page �5� of the D�ortgage Records of Hall County, Nebraska; that on or �
<br /> '!; abou� the 13th day of' October, 1933� '�he said Maria A.Tilley did assign said mortgage and the ��
<br /> '; debt secured thereby to the plaintiPf, which assignment was duly filed Por recor-d in the office j
<br /> I
<br /> ;� of the Register of Deeds of Hall County, Nebraska, on December 1, 1933, and recorded in Book 27 i
<br /> �
<br /> � of Releases and Assignments, at Page 396, in the office of the Register of Deeds oP Hall County, �
<br /> i�
<br /> �lebraska, and tnat the plaintif�' is now the o�vner and holder of said mortgage.
<br /> { The eourt further finds that thereafter, to-vuit, between the lst and 20th day of September, 1933,
<br /> fi
<br /> 'ithe said '�illiam F.�illey, he then being the owner of said real estate, entered into a written: i�
<br /> '. �
<br /> ;�.contract with the plaintiff, extending the time of payment of said mortgage indebtedness, a copy ,
<br /> i
<br /> !; of which extension agreemer�t is attached to the petition, �,nd that said extension agreement was �
<br /> i
<br /> �; duly filed for reeord on December 20, 1933, and recorded in Book 'jl of �ortgages, at Page 222, in;�
<br /> ;� ,�
<br /> ': the office of the Register of Deeds of Hall County, Nebraska, and that 'Ghereby the said �Pilliam F{�
<br /> I' �
<br /> Tilley did promise and agree to pay to the plaintiff the sum of' �5000.00 with interest thereon at ��
<br /> !; �
<br /> ': �Lhe rate of 5 per eent per annum from July 1, 1930, �
<br /> �, ;�
<br /> �
<br /> ;; The court further finds that no part of said mortgage indeibtedness, either principal or interest, �i
<br /> �.
<br /> '; has been paid; that the same is now due and owing, and tha�t the plaintiff is the owner and holder��
<br /> ,
<br /> i
<br /> �: of' said indebte=ln�ss, and th�.t no aetion at law has been hjad Por the recovery of said debt, or an
<br /> ', part thereof, and that no part thereof' rias been eollecfied or paid, and that there ia now due and ��
<br /> !�
<br /> ,; owing upon said indebtedness f'rom the said 1�illiam F.Tille�y to the plaintiff the sum oP �5000.00, iI
<br /> ;:' ii
<br />� � �� wit� interest at �j� per annum Prom July 1, 1930. � '
<br /> 3; � .
<br /> �;
<br /> ;� The court further finds that the principal sum became due and payable under said extension agree-�
<br /> ' I
<br /> ;� ment on July 1, 1.935, and that the entire amount, both principal and interest is now due and pay-i
<br /> ;
<br />� il able from the said �Villiam �'.Tilley. �'" �
<br /> �,
<br /> '' i
<br /> '; The eourt �'urther Finds that said premises were owned and occupied by the said William F.Tilley '
<br /> . l
<br /> �
<br /> ;iand Floy S.Tilley, his wife, continuously from 1920 to July 19, 1932, as the home and homestead
<br /> ;; .
<br /> ;; of the said �iilliam F.Tilley and his wife, Floy S.Tilley, and their minor childxen, and that the �
<br /> �� �
<br /> '; same was continual2y and continuously occupied as their home; that they had no other home or home �
<br /> ,; �
<br /> !; stead, and that '�hey had geleeted said prernises as their homestead. .
<br /> ', �
<br /> ' The court further finds that Floy S.Tilley, the �vife of the said William F.Tilley, died on July I
<br /> ?: 19, 1932, leaving one minor cYiild, a son, George �.Tilley, and that the said qfiilliam F.Tilley ��
<br /> !
<br /> '; continued to occupy said premises after the death of his wife as his home and homestead, and the j�•
<br /> i,
<br /> '�'� home and homestead of himselP and said minor child, George �.Tilley, and of the Pamily; that the �
<br /> , ;i said Geor e M.Tille , a minor became t��vent �ne ears of a e on Se tember l� 1934 and that the �
<br /> g Y � Y- Y � P , ,
<br /> ;! s�,id William F.Tilley and said son continued to llve on said premises as the home and homestead i
<br /> ;;
<br /> i
<br /> �� of the said William F.Tilley until Septernber 30, 1935; that from the year 1920 to September 30, �
<br /> :; �
<br /> !' 1935, the said S�illiam F.Tilley remained on said premises continuously and con�inually and occupi d
<br /> ;;
<br /> j; the eame as his home and homestead continuously during that length of time, claiming the same to �
<br /> �
<br /> ; be his home and homestead, and at no time during said pe'r�od of time, did he have any other home �
<br /> '' or homeste�.d; that he occupied the same until the death of his wife as the home and homeetead of ;)
<br /> I
<br /> ;; himself, hia wife and minor ch3ldren, and thereaPter until his minor son, George M.T1IIey, became
<br /> �
<br /> �; of age on 3eptember 14, 1934, as the home and homestead of himself and his family, consisting of j
<br /> �
<br /> �' �
<br /> ' himself and 'saic� minor child and thereafter until September 30, �935 as his hnme and homestead,
<br /> i� i1
<br /> iand at all times having designated said premises as his homestead and claiming homestead rights i
<br /> i'
<br /> �
<br /> j: therein; that on September 30, 7.935, the said William F.Tilley conveyed said prernises to the plai -
<br /> ,
<br /> ;' tiff by �rarranty deed, by which deed, he did expressly convey to the plainti��' his �ti�ht of home- �
<br /> ,�, stead in said premises, and which the p�.aintiff aecepted expressly under the agreement that, and �
<br /> �
<br /> r � j
<br /> !! with the intention that said conveyance sk�ould r�ot merge with her mortgage lnterest, as hereinbe- �
<br /> ; (
<br /> i� fore set forth. . . � � �
<br /> j� I
<br /> I� � �
<br /> ;
<br />
|