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� �1..� 1 11 _ _ _ - - - _ ___ __ ___ IBe �t R�membered, Tha� on the i�th day of June A.D., 19a7, that being one of the daye oP the Ju� � 1907 term c� the Distriat Oourt ofthe Eleventh �'1� 3v 1 i '��o� r ��k,�a �tie� �he tlourt �` House, in the City of �rand Isiand, Wi�h3n and��'�� wfitY��th��iw�.x� amon�other pro�eedings were had, in the �ords and figuree following, to-�itt- E " IN THE DI��RTCT COURT OF' HALL CSOUN�'Y� NEBRASKA. � • 1�ood River I,odge, Number 1��, Tndependent Ord�:of Odd Fellowe, An Inaorporation, Plaintiff � ' :VS: 31�2. ' John M. Brett, Be11e M. Brett,�'red Schwartz, �tattie 3ahwartz, R31ey �Pescoatt, David Miller, ' Winni�'red Boone, Aliee L. Boone, Robert E. Boone, Harry J. Boane, Dorothq� Boone, �iili� '. Hoons, Riehard Boone, Edwin T, Rounds, Nettie A, Rounds, Abner �. �Phite, Angeline A.White, Eberhart Kun�, Margaret Kunz, Meyer & Ra�p�e; A Partneship, Paxton & aalla�her, A Pai�tnership, The Merohants National Bank Of Omaha, A aorpora�Cion,And arand Island Banking Co. , A aorporation, ' AND, � Defendants, �Jilliam W. M3.tariell, . Tntervenor. ----------------------------------------------------------- This aause aem.e on for hearing upon the petition and repiy of the plaintiPf, the petition o�' intervention of W3lliam W. Mitchell, and hie repiy, the an�wer of defendants John M. Brett, and Belle M, Brett; reply and anewer caombined �f Fred Sahwartz, and Mattie Sahwartz; answer 'and aross bill of Meyer &Raapke; answer and aross bill of th� arand Tsland Bankirtg Co. , nolunt�ry appersnoe of Fred Suhwartz, Mattie �ahwar�z, Riley� Wesaoatt David Mi11er, Edwin T• Rourid�, Nettie �, Round�, Abner C. V�'hite, An�eline A��'dhite, Eberhart Kunz, Maggaret Kunz, P�xton & (�ailagher, and the Merahants Nat3.ona1 Bank OF Omaha. And the aourt, on the appi�a�tion of plaintiff appointed Fred W. A�hton, gu�rdian ad 13tem, for the following named minors, defendants, �to—witr� A11oe �,. Boone, Rcbert �. Boone, Harry J. Boone, Dorothy Boone, Willie Boone, QI1d R1OhATd BOOA9; , the said gu�rdian ad litem having filed answer for said minors a� by law 3n suah aas�s made and �rov3ded to a11 pleadin�s f31ed, due and legai summons having been had on sa3d minors and eaeh o�' them�, as by law in �uah aa�es made �nd provided,as well as upon eaid �Iinnifxed Boorie, thair mother and natural guardian, and on said Winnifred Boone personally. The aourt having �ur3.sdiation oY � each of the aforesa3d parties, �he said Fred S�hwartz, �attie SQhwartz, Ri�.Hy Wsscoatt, �David Miller, �linni�'red Boone, Edwin T. Kounda, NQttie A. Rounds, Abner t�. tl�hite, Angeline A. Wh3.te, Eberhart Kunz Margaret Kunz, Paxton & aalla�her, a partnership, and the Merahante National Bank - , of omahe, a oorporation, eaeh h�ving fa3led ta ans�rer or plead to tr,e �aid plaintiff�s petition and the said petition af intervent3.on, as �reli as the aross b�ils afore�aid, and hav3ng eaah � entered thelr vo3untary appearanae, save and except said 1�inni�'red Boone, who was pereonaliy serv�d with summans, after e h espeotively being thriae aalled in open Qourt, having failed to anewer or plead, the defaul��he aforesaid defendants enterin� their voluntary apperancae as aforeeaid, ae we11 as that of eaid �tinnii'red Boone per�onally served, wae had and entered. APter hear�ng the evidence introduaed on ��e part of said pla�nt�ff and the said intezwenor, 1�illiam W. Mitahell, and �he aforesaid deflendants filing aross biil�, the said aause was submitted to �he eourt, on �onsideration whereof the� aou:rt finde tha.t the allegat3.ons in said plaint�Pf�s F petition, as weli as the aliega�ion� in said petition of intervention of said �iiliam W. Mitaheil, - are true, and that said plainti�i and said W311iam W. Mitahell, interveno�, are eaah entitled to F the speo3.fia exeQUtion of the oQntraat and deed eet forth in said pet3.tion, and said petition of � intervention. It is �"urther �'ound by the aourt that at the �o�nenaement of �h�s avtion the : plaintiff was in possession oi the land desaribed in its pet��3on, and had e legai eetate therein, and was entitled to �he poseeas3.nn �hereof, The aourt giso finds that said respeative dePend.ants , have or had no estate or interest in said 1and, an8 are nat entitied to the po�session of the �eme It is further found by the eourt on the part of the sa3d William W. Mitahell, that ' at the time of his intervention in this aation, he Was in po�session of the lands desari'bed in his said petit�on, and had a legal estate therein, and was entitled to the po�seseion thereof. The oourtaleo finds that the said respea�ive def�ndants have no interest in said lands desaribed in said petition o� intervention, and that daid respeotive dePendents are not antitied to the poasession of the same, , � IThat the sa3d plaintiff is a oorporation as in sa�d peti�ion and pet�tion of intervention aileged; that �aid Paxton &c�al�agher, and Meyer & Raapke, are eaah partneshlps aa in sa3d petiition a� weil as 3n �aid petition of intervention alleged; that said Merehants National Bank of Omaha, and the 4ranci Isiand Banking �o. are eaah Qorporation�, as 3.n �aid petition, as we11 as in sa�d petition of intervention, allaged. That the said respee��.ve �udgments of the �aid reepective defend�nta Meyer &Raapke, Paxton & aallagher, Merahant� National Bank of Omaha, and the arand Island Ban�ing �, Co., are a aloud on the title of the said piaintif�', as �reil a.s on the titie of the eaid �tiiliain ' W. MitahelZ, in and to the said lan:ds descsribed in its petition and the sa3,d petition of inte�vetr- �I tion, respeatively, and that �aid plaintiff, and the said Wi].liam W. Mitohell, are entitied to h�ve the said aloud removed.' That the said �tinni�red Boone is the w�.dow of the said John 0. Hoone � desaribed in sa�.d plaintiff� petition, who died at the time therein etated; that the said Alioe L. Boone Robdrt E. Boone Harr�t J. Hoone, Dorothy Hoone, 9�illis Hoone, and Riohard Boone, are the sole '� . and oniy heirs at law of the said John C. 800ne, and that eaah o�' $Qid minor� are of the age �n ' � said petition stated. That the said Riley Wesaoatt, David A4i11er, and John` O. Hoone, were offiQers I� of and trustees of the said �Iood River Lodge No. 15g, and that th�y did not reoeive, by virtue of the deed from the s�id Fred Schwartz and l�attie Sahwestz, any title to thd said property, or � interest therein, but held the same sim�le �c�. trustee of the said plaintiff, arid in no other Way - or manner; and that a�ainst them and eaah of them, their suocseseore in o�fiae and their reepeative � heirs, the said plaintif� is entitled to have the eaid iands described in its petition quiited in it, the aa�.d plaintiPf. It is further �'ound that on the �-th day of December 1��4, the �aid John M. Rrett,' waa the owner in fee sir,sple of said Lots 5€jncl 6, in Hlook 21, and �Ghat on the said d.ay, they, the said John M. Brett and his wife, Be11e M. Brett, sold the said lota to the said patriak Brett, and agr�ed to convey the same to the said purohaser by a good and sufficient deed o�' aonv�yanee; and 3n pur�uanae thereof, they, the said Bretts, procured to be exeouted, eigned, and acknowledged a deed of _conveyance thereof, but through a mistake of the sarivener the said Lot g w�a.s om�tted from the said deed; whlah deed was �igned and �.cknot�rledged on the 4" day of De�ember 18`��, and duly reaorded. on the 15" day of December 1��4, in Book "M" , Page 419 of the Deed Reoor� of Ha].1 County, Nebraska, and that the sa�.d Patriak Brett entered into the i�nediate open, . inotorious and exalusive poasession of said premises, and that he and the suooeeding granteee the of, ae alleged in eaid plaintiff�s peti�ion, and in the gaid petition of intervention, have had - the open, notorious and exalusive possession of said Lot$ 5ana. 6 under a olaim of ownarship ever sinae, and that s�id piainti�'f, and said N111iam �t. Mitaheil, Intervenor, are entit�ed to hnve � the said deed reformed, so as to incslude therin the said Lot 5 as of the date of the exe�ution and � delivery of the aforesaid deed i'rorn eRid John �I. Brett arLd wife to said Pa�rick Bratt as againat � eaah and a11 of the defendants herein, as well as against all others elaiming title thereto by, in ( or through the said John �'. Brett or sa�id Patrial� Brett. I� ie further found by the oourt that �, the eaid Patriok Brett paid to sa3d John M. Brett, an� ��lle M. Brett, tha aonsideration mentioned in said deed at the date of the exeeution and deliver�r thereof as aforesaid, Por the said Lote 5 and 6 3.n �aid Bioc�k 21. Tt is Therefore �ons3der�d by the Oourt that the dePendan,�e, John M. - � Brett and Be11e M. Brett, sha11 convey the premise� de�aribed in said pet�tion, tm— wit:— That part of Lo� 5, in B1oek 21, in the original town of �Atood River, Nebraska, eont�ined in the foilow�7r ing de�oribed premisee.— Commencin€� at the south tivest aorner of Lot 6, in Biock Na. 21, in tha orignial town of Wood River; running thence East on the South line o�i Lots 5 and 6 one hundred fee �..�.�. _ �.._- �.