|
. � � 39�
<br /> �����j������j���� �����'�J � .
<br />_--___�.�-_=,__,�__�__�. . --_-.� . ___--- -- --= ------ . _
<br /> ___� _ : -�--------.�__��:�-:__.=____ _.�, .�_._=—_____.___
<br /> _ --_= -- —
<br /> �g�-STATE�JOURNAL COMPANY,�EINCOTIV,'NEB��v� � � .
<br />. . __...�..._�.�...___.._.__.� . ... _.__ __.._.,......,.. _.:��:�__:_.:.�-...._..-::_,.�-_.,...___._.�:,V.__..._.».._._.._'___.�_�.�-�.___..._�.�.__.._.�__�. ,_ ..�_ . . . . _
<br /> ��.�.-�..�::. __.�_:._......._......_..��,._.__. .. . ..
<br /> �,th� plaintif.f, the testimonq of Harold A. Prince, and the pleadings, and the Court being fully
<br /> �
<br /> � adviaed in the premises finds generallq that the allegations contained in the plaintiff� �a
<br /> i
<br /> �petition are true..
<br /> �
<br /> jThe Court further finds that the plaintiff 3s the aol.e owner of and in poasession of Lots One
<br /> i�and Trvo (1 a�nd 2� , in Block Fifteen (15) , Packer & Barr�e Addition to Grand Island, Nebraska;
<br /> ��
<br /> �that the plaintiff and hie predecessors in title hane been for more than thirty years last past
<br /> �
<br /> ;cintinually and now axe in open, notorious,. hostile and adverse posseesion of said premisee,
<br /> . �adverse to the claim of any and a11 persone whomsoever cla,iming o�nership of said prop�rty or
<br /> - 'any interest therein; that said real estate ia located in the City of Grand Island, Hall County
<br /> �
<br /> �Nebraska, and that this action is an aetion to quiet title in the plaintiff to said real estate
<br /> �
<br /> �The Court further finda that the plaintiff and his predecesscrs have been in quiet and peace-
<br /> �,
<br /> � able poesession of said pre�ises, holding and claiming the same edverselq to the defenda.nts and
<br /> �;each of them and adversely to all other persons f.or more tha,n thirty yeare prior to the commene
<br /> ��ement of this suit, and that neither of said defendarite, nor any of them, aor �itber of their
<br /> (ancestore, prede ssor8 or grantors were seized of the po�session of said premises, ox any
<br /> i
<br /> �portion of same for more than thirty pe�rs prior to the commencement of thie aotion; that the
<br /> ;
<br /> �defendant�, and each and all of them, ha�re no right, title, interest, estate, claim or demand,
<br /> ;
<br /> !!or right of posseesion in or to said deacribed premises, or any part thereof.
<br /> '�The Court further finds that on or about the first day of �a.y, 1g93, one Charlee �Poelz, he then
<br /> ,
<br /> Ebeing the owner of eaid premi�see, executed and delinered a warranty deed to the said premiees
<br /> �to the defendant, Anna A�. �eekee, but that the said Anna M. Weekes, did not take poeseasion of
<br /> �i
<br /> ��said premises, did not pay the taxes thereon, nor claim any interest in said premisea subsequsn
<br /> ;Ito the said date; that one Elizabeth Bunting, who owned pxoperty adjaoent to ea.id premises,
<br /> i
<br /> i�►ent tnto poseesaion thereof on or about said, date and retained the posseesion of said premieee
<br /> � penly, noto�iou�aly and adnersely until about the 12th day of JuIy,1922; that ehe the said
<br />, � lizabeth Bunting, purchased the ta.�c sales on said property but that through error a taa� deed w s
<br /> � btained in the name of her husband, one Henry Bunting, defendant, whieh deed �as recovered on
<br /> ` ovember 9th,1905, in Book 3� of Deede�, at Pa�e S6 of the records o� Hall Countp,DTebraeka, but
<br /> ;
<br /> hat the said Henrp Bunting clairned no right, title, interest , estate or demand in or to eaid
<br /> remises, o� any part thereof, or any lien thereon; that the said Elizabeth Bunting paid the
<br /> axee on eaid premises subsequent to 1.905 and held poeses�ion of the eame claiming to own the a me
<br /> dversely to the olaime of ar�y persons whomsoever; that the eaid Henry Bunting died in the year
<br /> 911. lea.ving as his heir at laR and his only heir at law, the said Elizabeth Bunting, hi+� Aido ,
<br /> , nd leaving nc relative of hia blood and that upon his daeth eueh title as he had fn said prem-
<br /> �
<br /> I aes passed and descended by operation of law to the said Elizabeth Bunting in fee simple e�beo- `
<br /> ��
<br /> �ute; that the said Elizabeth Bunting remained in possession of said premieea and Qon�in�ed to
<br /> �emain in posses�ion of aaid premises openly, notoriously and adversely to the claim of anq
<br /> ,
<br /> tperson or persons whomeoever , claiming to be the owner thereof, until about the 12th dap of Jul ,
<br /> (; '
<br /> �1922; that in order to perfect her title to said premises she purchseed ithe same at tsa eale
<br /> i;
<br /> �.nd obtained a t�x deed therefor cn the 14th day of June, 1917, which deed �as recorded in Book
<br /> � ! 4, at Page 1�3 0� Deeds of the Records af Hall County, Nebxaska, and that this plaintiff holde �
<br /> aid premises by meane conveyance from the eaid Elizabeth Bunting.
<br /> he Court further �inds that the only persons in whose favor any interest, right, title, estate �
<br /> nd lien upon sueh real eetate appears of record and the said Anna bd. �feekes and Henry Bunting
<br /> s heretofore set forth, but that the said Anna M. �fleekes, and �enrp Bunting have no interest,
<br /> , ight, or title to or lien upon said premi�es or any part thereof, but that the aforesaid deed�
<br /> � �
<br /> onatituted a �loud up�ri �he title of this plaintiff and rendera hie title less marketable.
<br /> -._----_ ____-- ---— ---------_--
<br /> I
<br /> ! J
<br />
|