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<br /> is appointed guardian as litem for the said James Josep� Burke, with leave to answer instante
<br /> It is further considered by the Court that due and legal service of summons has i�een had upon
<br /> I the said John Schvv�m, Hattie A. Schwyn and James Joseph Burke, and the said John Schwyn and
<br /> ! Hattie A,Schwyn failing to ansv�er or plead in the said ca�e, and being thrice called in open
<br /> i court appeared not , their default is Entered.
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<br /> ! f�ow on this day this cause coming on further to be heard upon the petition of the plaintiff
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<br /> and the answer of �112iam 0'Connor, �uard�.an ad litem for i�he defendant James Joseph Burke,
<br /> and the evidence, and the Court being fully advised in the premises, finds that the facts
<br /> � atated in the laintiff� s etition are true.
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<br /> IThat the said property mentioned and deecribed in the said plaintiff� s petition,to_wit, eom�.
<br /> � mencing at the South-east corner of Section one (1) , Township nine (9) , Morth of range ten (1 ) ,
<br /> �fest, of the 6th Prineipal Meridian, in Hall County, Nebraska, running thence west eighty rod ,
<br /> � thence north twenty_one roda, thence east ei�hty rods, thence south twenty_one rods , to the
<br /> place of beginning, the same being a rectangula.�r piece of ground off from the south side of
<br /> i the 9outh_east Quarter of the South_east Quarter of the abone named see�ion, and containing
<br /> iten and one-half aeres, includin� public highway, is in fact the property of the plaintiff, J mes
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<br /> ' Burke. That he, the said James Burl�e, purchased the said property of the said John 3chwyn and
<br /> � paid for the same with his own individual money, built a house thereon, and other�ise erected
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<br /> � thereon va.luable improvemen�s, and immediately took possession thereof, and has held possessi
<br /> � thereof ever since, and has now such possession, and that he is the owner in fee simple there f.
<br /> ; That the said de�d mentioned and referred to in the said plaintiff� s petition from John Schw
<br /> ! and hattie A. Schwyn to the said James Joseph Burke was ezecuted and delivered to the said
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<br /> James Burke, who �vas unable to read the same, he being illiterate, and never knew unti2 many
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<br /> ( ysars thereafter tha.t Jarnes Joseph Burke �ae mentioned as the grantee therein; that the said
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<br /> � James Jo$eph Bur�ce did not pay the said purcha$e price thereof or any part thereof, and has
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<br /> ' no right, title or intsreat in and to the same, and that the ostensible title to the $aid
<br /> � property was transferred by the said deed to the said James Joseph Burke through a miatake of
<br /> � the party who wrote the said deed; he, the said scrivener, writing therein the said name of
<br /> � James Joseph Burke when he ahould have avritten therein the said name of the said plaintff
<br /> � �ames Burke.
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<br /> i It is further found by the court that the said deed should be cancelled and this deeree
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<br /> u o ce of th s d f orn h o
<br /> ahould etand as a good and s fficient c nveyan e aid ].an r t e said J hn Schwyn
<br /> and wife, H�.ttie A. Schwyn,� to the said James Burke, and that un7.ess the said John Schwyn and
<br /> wife, Ha.ttie A., Schwyn, execute and deliver to the said James Burke, within twenty days from
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<br /> � this date, a good and sufficient qui� claim deed of conveyance of the said property, that thi
<br /> � decree ehall stand as �uch conveyance.
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<br /> ' It is further coneidered and found as a fact that the title -to the said property should be
<br /> I ! forevex quieted in the eaid James Burke, and his heira and assigns, and that the said Jamea
<br /> ' Joseph Burke, and his heirs, should be forever estopped from having or cl�.iming any right,
<br /> � title or interest in and to the said property, or in any manner interf.ering with the quiet
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<br /> � and peaceable enjoyment thereof of the said �Tames Burke, and his heirs.
<br />' � It is therefore eonsiaered by the Court that the deed described in the said petition from
<br />� j John 8chwyn and Hattie A. schwyn, his wife, to the defendant, James Joseph Burke, for the
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<br /> � following de�cribed property, to_wit, commencing at the south_ea�t corner of Seetionone (1) ,
<br /> township nine (9} , north of range ten (10) , V�est of the 6th principal MeriBian, in Hall Count ,
<br /> ; Nebraska, runnin� thence �est eighty roda, thence nor�h twenty-one rods , thence eaet eighty
<br /> ' rods , thence south t�renty-one rods, to the pl�,ce of beginning, the same being a rectangular
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