�'4r;����
<br /> __ w .____ __ _ ___ _ . _ _
<br /> 595
<br /> -------- _. -------___ _ ____ -- --- __ ___ ------ - ___. _____ -- _____ __ ----___ _ _ _ _ __ ,
<br /> reason �rhereof the said Richard H.Dadd became the owner, in fee simple� of the premises here-
<br /> Iinbefore described and the said defendant became divested of all right, title, interest or
<br /> estate of whatsoever na�ure in and to said premise$ and that the defendant now ha� no interest
<br /> of whatsoever nature in and to said nremi�es; that the plaint iffs hereia are now the oa�ners,
<br /> as tenanta in common, of the said Piorthwest quarter of the Northwest quarter and the South half
<br /> of the Northwest quartsr of said Section Number Fifteen (15), in Township Number Eleven (11),
<br /> North� Range Number Tv��elve (12}, West of the Sixth Principal Meridian, in Hall County, Nebraska
<br /> in fee simple titla� that plaintiffs� chain of title to said premises is derived from a warr-
<br /> anty de� of the eaid Richard H.Dodc� and wife to David C .Worts, which said deed is recorded
<br /> in Book 4 of Deeds , at Page 9 of the deed records of Hall County, Nebraska, that the_ said
<br /> Riahard H.Dodd and those claiming by, through and �der hi�q including thege plaint iffs, have
<br /> I� been in actual, continuous, eaclusive� notorious and adverse possession of said premises ti�nder
<br /> claim of awnership ever since the 22nd day of Decemb�r, 1882; that the deed from said defend-
<br /> ant conveying said premisea to the said Richard H.Dodd has nev�r been recordec} in the deed
<br /> records of Hall Covnty, Nebraska, and that pla3ntiffs are unable to procure said deed for the
<br /> Ipurpose of having the saine placed of record in the deed recorda of Hall County, Nebraska, and
<br /> that said desd has been lost or dsetroyed and that by reason of said deed from said defendant
<br /> i
<br />� � conneying said premises to the said Richard H.Dodd having never been recorded among the deed
<br /> records of Hall County, Nebraska, casts a cloud upon the title of the plaintiffs to said pre-
<br /> mises and makes the record title of said plaintiffs to said premises an unmarketable one and
<br /> that, therefore, the plaintiffs are entitled to the relief asked. for in their petition filed
<br /> herein� the allegations of �hich the Court finds to be true,
<br /> It is, therefore� ordered, ad�udged
<br /> ,
<br /> and decreed that thr; plaintiffs' title in and to the Northwest quarter of the Northwest qt��a�cter
<br /> � and the South half of the Northwest quartar of Section �'iftaen (15), in Township Eleven (11)
<br /> ,
<br />� North R e Ta�elve 12 West of the Sisth Princi al Meridi in Hall Count Nebraska be
<br /> , �8 � }� , P � 3Ti > >
<br /> and the same hereby is, quieted in the plaintiffs as against said defendant and as againet all
<br /> persons claiming bp, thro�agh or under said defenclant. ,
<br /> It is further ordered, ad3udged and
<br /> decreed that the defendant, The T?nion Pacific Railway Cor�pany, within five daps from this date
<br /> execute and deliver to the plaintiffs a'deed of conveyance to the plaintiffs the title to said
<br /> � premises and that in default of the execution and delivery by the defen�ant of s�eh s convey-
<br /> ance within five day� from the date of this decree that this decree shall operate and stand
<br /> in lieu of euch a con�eyance, and the said defendant and all pereane claiming by, throug� or
<br /> Iunder it are forever en�nin�d fro�n setting up or cl:�aiming any right, title, interest or estate
<br /> in and to aaid premises, adver�e to the plaintiffs.
<br /> It ie further orderec'� ad�udg ed and decre�d that the plaint if f� pap the costs of thie act ion
<br /> t axed at $ .
<br /> .. Jamea R.Hann�
<br /> Judge.
<br /> Stat e of Nebraska (
<br /> � :as
<br />, County of Hall. ( I, Fred C.I,ang� Clerk of the Dietriet Court within and for said Countq
<br /> and State do hereby certify that I h�ve Compared the foregoing copy of the the Decree in the
<br /> i Co f�led b said Court of
<br /> cas• of C'�arle� �.�orts, et als, vs . The L�nion Pacific Ra lway mpany Y
<br /> the 16th day of April A.D.1913 with the original filed in my office and that tha same ie a aor-
<br /> rect transcript thereof, and of the n�hole of eaid original.
<br /> In Testimony Whereof, I have hereunto e�t my hand and caused to be affdaed the official
<br /> seal of said Court at the Oity of rrand Islaac�, thie 16th dr�p of Apr11, A.D.1913.
<br /> (S EAL) Fr ed C .Lang man
<br /> C lerY of the Diatrict Court .
<br /> I By -
<br /> Deputp.
<br /> Filed for record April 16, 1913 at 4.30 o'clock P.M. ' �
<br /> . eg e ar o e
<br /> �
<br />�. _ _
<br />
|