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<br /> � Txe�ucuaT�xeeo.-7606 — -- -- —
<br /> �� a corporation, is entered. The evidence having been submitted by both part3es the case v�as takeni
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<br /> under advisement and continued until the 29th day of' F'ebruary, 1936, for argument by the attorney�
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<br /> for the respec'tive partlee; �'
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<br /> ' �tow on this 13th day oY March, �936, that being one of the days of the January, 1936, term af the;',
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<br /> District Court of Hall County, Nebraska, and thia cause having beer� Pu11y submitted to the Cour�t '
<br /> on the pleadings, the evidence, and the arg�ment of counsel, the- Court f inds the issues in favor �
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<br /> of the pl�int3.f'fs, Rudolph G�loe and Herman C�loe, and against the defendants and each oP them. '
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<br /> And the Court Pinds the description contalned 1n the deed set ou� in plaintiffs ' petition is � ,
<br /> ambiguous and th�.t the same should be reformed and correeted to read as follov�e: �
<br /> Beginni.ng at a point on the ATorth Line of Lot 15, Brett's Addition to the Villa.ge of Wood River,
<br /> ' Hall County, Nebraska, ae platted and recorded 7�..6 feet west of the ori�inal east point of said
<br /> lot; thence west along the north line of said lot 1�0.0 feet; thence south parallel to the west ;_
<br /> ' line of said lot 51.9 feet to the northerly line of a tract eonveyed to the State QP Nebraska, an�i
<br /> recorded in Book 71, p�.ge 6S5 of the Deed Record in the Register of Deeds 4ff ice of Hall County, ','
<br /> ' Afiebraska; thenee north-easterly along the northerl.y line of said traet 14�.1 feet more or leas ;
<br /> to the place of beginning, all in the villa�;e o� �ood River, Hall County, ATebraska. :';
<br /> And the Court fin�.s that Rudolph �loe and Herman 6€loe, the „plaintiP�'� are legal ovaners of the
<br /> lands described above, that their title thereto is valid and perfect and superior to any right or;!
<br /> interest claimed by the defendants, and that the defendants, or any of them, have no �ight, title�
<br /> or interest in and to the said premises. �'
<br /> The Court further finds that Rudolph C�loe and Herman �loe are the sole members of the firm gno�vn :
<br /> as �loe Brothers, a co-partnership, �.nd have been such during all times mentioned ir� plainti�'fs ' �
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<br /> � petition.
<br /> IT IS THEREFORE, ORDERED, ADJUD�ED ATdD DE�REED BY THE COURT, that the description of land8 in a `'
<br /> deed recorded in 'Ghe off ice of the Register of Deeds of Hall County, Nebras�a, in Book 71 at Page;'
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<br /> ! 699, wherein Alice E.Hoppel and John �.A.Hoppel, �vife and husband, conveyed certain property in ,;
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<br /> Brett �s Addition to Wood River, Nebraska, to f�Ioe Brothers, be ref'ormed to read as follows:
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<br /> Beginning at a point on the North Line oP Lot 15,Brett's Addition to the village of �Yood Riverf
<br /> t �h ori ina � i�
<br /> re orded �+ 6 �eet wes of e 1 east oint of �said
<br /> �! Hall County, Nebraska, as platted and c 7 . g p ,
<br /> ! lot; thence west along the north line of said lot 1�-0.0 feet; thence south parallel to the �vest �
<br /> '! line of said lot 51.9 feet to the mrtherly line of a tract conveyed ,to the State of Nebraska, ;'.
<br /> ; and recorded in Book 71, Page 6�5_ oP'�b.e Deed Record in the Register of Deeds Of�ice of Hall ,'�
<br /> ;; County, Nebr�.ska; thence north-easterly along the northerly llne of said tract 1�.1 Yeet more
<br /> ! or less to the place of beginning, all in the village of l�ood River, Hall County, Nebraska;
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<br /> � Tha� said deed be furthex re�ormed and corree�ed to show Rudolph �Ioe and He�man �loe to be the �
<br /> ! grantees therein. -
<br /> IT IS FIIRTI�R ORDERED, ADJUD�ED AND DECREED B1' THE C�URT, that the tltle in possession of the I
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<br /> ' plaintiffs, Rudolph Gloe and Herman �loe, in the following described proper'�y: �
<br /> Beginning a� a point on the North Line of Lot 25 Brett's Addition to the village of' �ood River, 'i
<br /> , Hall County, Neb�aska, as platted and recorded 7�.6 feet west of the original east paint of said ;�
<br /> � lot, thence west along the north line of s�.id lot 1�0.0 feet; thence south parallel to the vaest �
<br /> ' line of said lot 51.g feet `to the northerly line of a tract aonveyed to the State of' Nebraska, a,r�d
<br /> '' recorded in Book 71, Page 6�5 of the Deed Record in the Register of I7eeds Office o� Hall County, ';
<br /> ' Nebr�.ska; thence northeasterly along the northerly line oY said tr�.ct 14t�.1 Peet more or less to
<br /> �; the place of beginning, aIl in the village of Wood River, Hall County, Nebraska,
<br /> �� be, and the same is hereby f'orever settled and quieted in the plaintiffa, Rudolph �loe and Hermar�;
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<br /> �loe, as against all claims and demands oP the said defendants, and those claiming or to claim '
<br /> i' under them or any oE them
<br /> ' AND IT IS FURTHF��R ORDERED, ADJUD�ED AND DECREED, that the defendants Alice E.Hoppel and John �/.Aa�
<br /> �oppel, h�r husband �.nd the Wood River Building and Loan Association, a corporation, and those
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<br /> !' claiming through and under them or any of them, be, and are the� hereby p��petually en,�oined and ��
<br /> ' forbidden to cZaim any right, title, interest, or estate in or to said premises, hostile or adve�se
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<br /> , to the possession and title of plaintiffs herein and the said defendanta and those cla.iming under�
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<br /> them or any of them, are hereby perpetually forbidden and en�oined Prom commeneing any suit to �
<br /> disturb said plaintiffs in their said possession and title to sald premises, from setting up any ;�
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<br /> � _claim or interest adverse to- the title of plaintlffs her�i.r� and �'rom disturbing plaintiffs �n th�lr
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<br /> � peaceful and quiet en,joinment of said deaeribed land; that the plaintiffs ha.ve and recover from �
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<br /> �; the defendants, Alice E.Hoppel and John M.A.Hoppel, their costs herein expended. �;
<br /> � (S} E.�.�Croger ;��
<br />` �i JUD�E OF THE DISTRICT COUR�
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