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, ..� _ _ _ _ . T . __ __ n.---�,�� �
<br />: �1T�x;�� ` 2`�
<br /> _ C)c,c,
<br /> DEC REE:-�`°*.. ,
<br /> BE IT RE�EMBERED, That on the 9th day ofOctober, A.D. , 1913, that being one of the days
<br /> oP the June, A.D. , 1913, Term of the District Court ot' the llth Judicial District of the State o2'
<br /> Nebraska, within and f'or the County of Hall, held in the Court House in the City of Grand Island,
<br /> before the Hon. James N.Paul, one oP the Judges oP the said District , the 2'ollowing among other
<br /> � proceedings were had in the tvords and fi�ures Pollowing, to-wit:-
<br />� In th� Dis�rict Court of Hall County, Nebraska.
<br />� � C.A.Flippin and N.�.Flippin, )
<br /> �
<br /> glaintiffs , )
<br /> ( JOURNAL
<br /> VS )
<br /> � ( E�1TRY.
<br /> Lizzie Turner, rormerly Lizzi$
<br /> Fonner, Florence H.Wiebe and (
<br /> Fred 1�Tiebe, �
<br /> defendants. )
<br /> Tnis cause ca,me on to be heard and on motion oP plalntiPPs, the
<br /> defendant , Lizzie Turner, (f ormerly Lizzie Fonner ) was thPice solemnly called, but appeared not, '
<br /> arid her default was entered herein.
<br /> This caus� came on further to be heard upon the petition of the plaintiPfs and the answer ot' the
<br /> defendants Flo�ence H.Wiebe and Fred Wiebe, and upon hearing the testimony o�' plaintiPP's
<br /> d�ritnesses and listening to the arguments of plaintiff's attorneys, and the Court being Pully
<br /> advised in the premises , does find that Willia,m �arks and Drust�lla Parks� his wife, executed
<br />' and delivered on or about the 16�� day of July, 18�F� , to Lizzie Fonner, one of the defendants, a
<br />'I
<br /> promissory note f or Ttivo Hundred Dollars (�200 ) payable on the 16" day oP July, �593, and exe-
<br /> cuted at the same time a mortgage upon Pive (5 ) �,cres oP land in Hall Coun`y, Nebraska, describe
<br /> i as follows :- ��Commencing at a point �n the west line of Section No.27 in Township No.11 north,
<br /> of Range No.9, west of the 6�� P..�z. twenty (20 ) rods north oP the north-west corner of the south-
<br /> �
<br /> _ west 1/4 oP the south-west 1�4 oP said Section No. 27, thence east Porty (40 ) rod�, thence north
<br /> thence South along said section line
<br /> twenty (20 ) rods, thence west forty (40 ) rods to said wes� line of sa.id S�ction No.27,Ato place
<br /> of beginning, being Five (5 ) acres of land more or less. ��
<br /> The Court finds that said mort�age was duly filed for record in the office of the Recorder of
<br /> ;
<br /> Deeds (then County Clerk) in said Hall County, Nebras�a, on the 3rd day of September, 1£�35, and
<br /> was recorded in Book N.at page 293 of said records. ,. '
<br /> The Court Purther find.s that said note was subsequently sold and assi�ned to Charles A. Wiebe ~i
<br /> and tha,t the said Charles A.Wiebe subsequen�ly died on or about the 16�� day of �arch, 1901, a
<br /> resident of said Hall County, Nebraska, intestate, a.nd left surviving him, his wid_ow, Florence
<br /> H.Wiebe and his �on Fred Wiebe, wh0 are his heirs at law and only heirs at lativ; that no assign-
<br /> . ment of said mortgage was ever recorded; that no steps were ever taken by an�yone to secure
<br /> letters of administration upon the estate of said deceased; that said note has not been paid and
<br /> that no interest has been paid on said note since July, 1892 ; triat said note is now more that
<br />� � t�renty (20 ) ye�,rs past due.
<br /> The Court further finds that William Parks and tivife Drusilla conveyed said premises by their
<br /> deed to Arthur C.�dayer and Fred W.Ashton, and that said grantees in turn conveyed sald premises
<br /> unto the pla,intifPs ; that plaintiffs and the said Arthur C.Mayer and Fred W.Ashton and their
<br /> grantees ha�ve been in open, notorious and�"disputed possession o8 said premises since the 16" day
<br /> of July, 1�58, a,nd that plaintil'fs and the said Arthur C .P�dayer and Fred W.Ashton have been in
<br /> open, notorious, exclusive and undisputed possession of said premises since the 29" day of �arch,
<br /> 1900.
<br /> 4
<br /> The Court 1'urther finds that more than twenty (20 ) years riave elapsed since said note and mort- �
<br />- ga�s were due; that said note �.nd mortgage are unpaid and unsatisPied; that no proceedings at �.�"�
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