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<br /> fHEAUGUSTINECO -�IF)OC� � ` i` A
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<br /> �; The court further finds that at no time from the year 1935 to and including the date of the filin�
<br /> �� of the petition in this case have said premises been worth in excess of the ineumbrances 'Ghereon,j;
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<br /> �i to-wit, the first mortgage in tne sum oP �5250.00, and the mortgage now owned by the plaintiff inl�
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<br /> � the su� of �5000.00 and accrued interest; that the same constitutes one contiguous traet of land �`'
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<br /> �i of 70 acres, upon which there is only one house, wnich has been occupied as the home and homestea�.,
<br /> '� as hereinbefore set forth; that at no time since 1925 has said premises been _worth under sny cirej�am-
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<br /> ��, stanees in excess af �2000, the homestead right, over and above the ineumbrance, but that in trut�
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<br /> ��; �,nd in fact ever since 1925, the Pair or reaeonz�ble, or market, or actual value of said pr�mises ;;
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<br /> y h�,s been less than the amounts v�ing under the t�vo mort�ages �hereon. , �;
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<br /> i The court further finds that prior to the C�EA�I1 of his wife on July 19, 1932, the said William F.�j
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<br /> '; Tiliey incurred indebtedness to the defendants ; that all of said indebtedness was incurred prior ��
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<br /> ,; to the death of his �iPe; that the defendant, The International Fina�ee Corporation, dld obtair� a�;
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<br /> „ ,��zdgment on Mareh �, 1932 on a note dated. December 1�#, 1927, which �udgment was obtained in the �'
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<br /> �'' County Court of Hall County, Nebraska, and transcripted to the District Court oP Hall County, ii
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<br /> �' I�ebraska on March �, 1932, and by reason oP the tranecript of said ,�udgment, now stands as an ;;
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<br /> � apparent lien upon said property, b�zt that in truth and in fact said Judgment is not a lien upon ;';
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<br /> +� said :�roperty, flor the reasons hereinbefore set forth, but that the same constitutes a cloud upo ;
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<br /> :�. the title of this plaintiff; that the Shenandoah Nurseries, a corporation, obtained a ,jud�ment j;
<br /> '; in the District Court of Hall County, Nebraska, on January 23, 1934, on a note dated January 1�, '�
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<br /> f 19�2, whieh �ud�ment stands as an apparent lien against said property, but that �or the reasons !:.
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<br /> `' hereinbefore set fo�th, said �udgment �is not a lien upon said property, but conatitutes a cloud i';
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<br /> ',; upon the title of the plaintiff. That the defendant Chieago Lumber Company of Omaha, a corporati;�an '
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<br /> `� obtained a �udgment in the Justice Court of Paul C.Ho�mber�, Justice of the Peace of Hall County,�;
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<br /> ;� Nebraska, on August 3, 1934, �hich �udgment was obtained on a note dated June 7, 1933� but which j�
<br /> �; note was given to evidence indebtedneas incurr�d by the said �illiam F.Tilley prior to the death {i
<br /> !' of his v�if e on July 19,, 1932; that said ,�ud�ment v,as trgnscripted to the District Court of Hall +,�
<br /> i County, Nebraska or� August �, 1934, and now stands as an apparent lien upon said property, but th�.t
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<br /> I in truth and in fact, sald �udgment is not a lien upon said property for the reasons hereinbefore"�
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<br /> �� set �orth. • Ij
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<br /> �j The court further finds that said �udgments constitute clouds upon the t3tle of the plaintiff; thj�t
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<br /> "' the purported and apparent liens oP said ,judgments diminiah the value of the estate of 'Ghe plain'Gi�fP
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<br /> i' in said pre�nises, and render the title not marketable. '`
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<br /> i; IT IS THEr�EFORE, �RDERED, ADJUDGED AND D ECREED BY THE COURT that the title to the following deseri�.bed
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<br /> .�; real estate: - '�
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<br /> ; The East half of the Northeast �uarter (E� ,NE�) of Section 3�-, Township 12, North, Range 9, VYest �j
<br /> ; oP the 6th P.M. , in Hall County, Nebraska, except ten (10) acres theretofore conveyed to the sai �;
<br /> ," William F.Tilley by deed recorded in Book 3�, at Page 502 of the Deed Records of Hall County, Ne�;
<br /> i braska, which 10 aeres is more particularly described as follows, to-v�it: Co�unencing at the North��ast
<br /> f corner of the Northeast quarter (NE�) of said Seetion 3�F, thence South along the East line oP sai!
<br /> ,' section �0 rods, thence West at rigiit angles 20 rods, thence North parallel to the East line oP ;;
<br /> ;� said 3ection �0 rods to the North line of said Seetion, thenee Ea�t 20 rods, to the place of begi�-
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<br /> ", be and the same is hereby qu�ed in the plaintiff as against the defendants, a.nd each and aIl of!,
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<br /> �; them, and each and aIl of the defendants are perpetually barred and en�oined from asserting any `�
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<br /> �� right or title to, or lien upon said real estate, or any part thereof, a,nd that the �udgments of''
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<br /> I� the defendants, hereinbePore set Porth, are hereby decl.ared to be no lien of any nature whateoeve�
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<br /> j; upon said rea.l estate, and each and all of the defendants are hereby perpetually barred and en�0in�d
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<br /> ; fram asserting any lien upon sald real estate by reason of said �udgments, or any one or more oP ;!
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<br /> '� IT IS FURTHER ORDERED, ADJUDGED AND DECREED BY THE COURT that the plaintiPf do have and recover ;�
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<br /> "; of the defendant, �henandoah l�urseries, a corporation, all costs incurred in this action againat ��
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<br /> j�! said defend�,nt, taxed in the gtzm of' �13.90. E.G.Kroger ,�
<br /> DISTRICT �tJDGE, �;
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