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<br /> David A. Fitch, r�feree herein, are of the reas;�n�.bl� value oP �300.00, it is order�d and
<br /> decreed by the ecurt tha,t s�.icl I. Sibbernsen be and he is hereby allowed s�,ici suzn oP �400..00
<br /> and Lhat said E. R. Hume a.nd D��vid A, Fitch be a.nd they nereby arefallowed said sum oP �300.00
<br /> each, and the sa.me ar� hereby taxed as a part of the costs oP this case.
<br /> It f'urther ap,�e�.rin� �o the court , concerning a certain o�her tr�,ct of ground,
<br /> to-wit , the soutneast quarter (S.E.4) �of S�ctior� thirty-five (35), Townsriip 5eventeen (17�
<br /> Nor4h, Range t`�relv� (12 ) East of the Sixth P.M. in �P�ashington County, Nebraska, requested
<br /> by plaii�tiff to be included in the order for partition herein, that a division of the res-
<br /> pectiv� intere�t� therein bein� otherwise rea,sonably satisfaetorily adjusted between the
<br /> i
<br /> I several parties , it would seem not necessary to include the same in said ord�r for partition
<br /> and plaintiff ' � metion to include the same is ther��fore overruled.
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<br /> It further appearing to the court that the proceec�ing herein for partition were
<br /> not adversary in their natur� r`�or in fact , but were in all substan�ial respee�s amic�.ble, that
<br /> allcp�.rties in interest de:;ired �artition nnade and that s�.id p�,rtition has been Por the common
<br /> benePit of all oP aaid parties in interest ar:d tha�t equity and �ustice requires that all oP
<br /> said parti�s should co�tribute to th�; coats of �aid gartition proceedings in proportion to
<br /> their r�spective interests ; t7�at as pa,rt of the costs herein to be taxea should be allowed
<br /> reasor.�,ble attorneys � fees to th�; plaintiff herein for t�ie prosecution of said partition pro-
<br /> ceedings , and the court her.;ry fixes �.nd allo�vs the sum of ���0.00 therefor, the court Pindin�
<br /> , said sum to be the rea.sonable value of the serti*ices renaered by Frank T. Ransom and Ellery H:
<br /> ' j:ve����rfield, Plaintiff 's a,ttorn�ys herein, and the s��m� is hereby taxed as part of the costs
<br /> � of triese proc��dings.
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<br /> j , . It is further oraerc;ci ttiat all rents anc� income aecruing from all of the said pro-
<br /> perty, paxtitioned as af oresaid, up to a,nd including the month of February 1913, shall be
<br /> collected by the I�yron Reed Company under the agreement oP the parties heretofore entered into
<br /> �,nd �hat the sair� Byron Reed Company sha,ll gay from said inco�ae all taxes upon all oP the said
<br /> propert,y levied durin�; the ye�,r 1912 and prior ye�,rs and shall pay therefrom all expenses of
<br /> hanciling s�,id real est�,t�; a,s provicled in said a�;reement and shall ciivide the net ineome among
<br /> th� parties her�to in pro��ortion to their respective interests..
<br /> It is ther�;f'ore; ordered and decreed ��ty the court that the costs oP this case in-
<br /> cluding the referee� and attorneys fe=��s herein allowec� b� taxed �,gainst the parties� in inter-
<br /> � est 7ierein in proportion t� `he several interests in th� real est�.te partition�d herein, as
<br /> follows, to-wit : One-Thirci theraof �.ga.inst s�,id pl�,intiff, John W. Hill Sr, one-third there-
<br /> > >
<br /> of against said defenciant , James H. Hill ; one-ninth thereof against said defendant , George T.
<br /> Wilson; one-ninth there�f a.�,ainst saici def�;ndant , Shirley H. jt�ilson and or�e-ninth thereof
<br /> a�ainat said defendant , Rox�.nna Sl�oll Lewis, and tlla� execution issue against said several
<br /> parties theref or.
<br /> To saic� orc�er allowing �aid attorneys � f�e and taxing the same as costs herein and
<br /> overrulin� their ob,�ection thereto the said dafendan�s, James H. �iill, Geor�e T. Wilson,
<br /> � Shirley H. `�Vilson an�a Roxann� Sholl Lewis sev�rally except and are her�by �,lloweci forty days
<br /> from the rising oP th� Lourt to prep�.re and serve their bill of exceptions, ;aid defendants
<br /> ha,vin� requested the court to Pix the am�unt of the bond requir�;d to supersede said order
<br /> allotivin�; said attor�.eys fees herein, it is ordered by the court that the amount of said super-
<br /> se��e��,s bond b� ar�d th� s�.me is her�v�y fixed at the sum of �1600.00.
<br /> By the Court ,
<br /> A. C. Troup, Judge.
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