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<br /> �� SC ��,]L,E��T���J� R1EC �]i�� �J
<br /> 21817—The Augustine Co., County 6upplies, Grand Island Nebr.
<br /> Defendant Tecumseh Buildin� and Lo�.n Associa,tion for the purpose of erecting a house on the
<br /> West H�z,lf oa Lot One hundred seventy �ive, �dest L��m Adrition to the City o� Grand �sland,
<br />, Hall County, NebrasiLa, arld made executed and deliverPci to said Def endant, a mort�;aoe deed
<br /> on sa�cy lot fo-r the ��urpose of securin� said lo�:n c �t ther��^fter erected the house a.lso on a
<br /> pa,rt ort the West Half of' Lot one hundred seventy six of the s?id `�Jest La?,�n Ad�ition to the
<br /> City of Grand Is1��nd,Ha,11 County, Nebraska ; an:� th�t he there�fter secured title to the
<br /> West Ha.lf of' s�id Lot one hundred seventy six b�.zt failed and neglected to correct the said
<br /> � mortg��e to the Defendant T�cumseh Building and. Lo�-n Association; tnat the said Bertram W.
<br /> Jones and his ?aife Gl�.dys M.Jones then conveyed �11 of said real estate to one Atwell F.
<br /> Smith by �aarranty c�.eed �and said deed ?�ras recorded in the office of the Register of �eeds of
<br /> Hall County, Nebraska. in book 62 of Deeds at page 63r� on the 12th day of November, 1926; that
<br /> the said At?>>ell F, amit�, a sin�le m�n conveyed al1 of s�.ic� ��remises, consisting of the West
<br /> Half of' Lot one hunc�red seventy five anc� the West Half of Lot one hundred seventy six, all
<br /> in West L�.wn Addition to the City of Gra.nd Island, H�11 County, Nebraska, by warra.nty deed.
<br /> to the Defendant Ellen Ara.bell Burna.p on the 10th day of November, 1926 and sa.id deed T�.�as
<br /> i recorded in �he office of the Register of Deeds of �all County, Nebra.ska., on the 22nd day
<br />� of °ctober 1927 in book 70 of Deeds �t pa,ge �0.
<br /> The Court further finds tnat the said Defendan�, Ellen Ara.bell Burnap is one and the
<br /> s�.me person �s Ellen A.Burnap, and tr�t on the 6th da,y of October, 1Q27, si7e renewed the
<br /> mort�Ta.ge hereinbefore mentioned. and said renewal was recorded in tne office of the Register
<br /> of Deeds of Hall County, Nebras'Ka, in Book 63 of Mortgages at� page 56� and she a.gain renewed
<br /> said mort�age on the 23rd day of O�tober, 1931 to the Defendaizt, Tecumseh Building and Loan
<br /> Association �na sa.id mortga.ge T.�ras recorded in tne office of the Register of Deeds of H�11
<br />, County, Nebras°�a in Book b7 of Mort�a.ges at t�age 413; that the sa,id original mortgage and
<br /> al1 of the rPnewals conveyed only the West Half of Lot one hundred seventy five although the
<br /> mort�a.gor ��as the ownPr of tne West Half of tne said Lot one hundred seventy six of ��est �
<br /> La��rn Addition to the City of Grand Island,Hall County, Nebr�.ska and it was the intention
<br /> of �p.e par�ies that said mortgaoe cover tne houfie erected thereon and the surrounding ground; �
<br /> th�t tne Defenda nt Ellen Ar��bel Burnap conveyed by ��ra.rr�nty deed to the Defendant Tecumseh ,
<br /> Bui.lding and Loan Associa.tion, thP West Ha,If of Lot one hundred seventy-five of said. ��Test
<br /> La*,�n Acc�ition to the City of Grand Ialand,xall County, 1lebras'-�a on the lOth day of March, 1933
<br /> although it �.�r�,s her intention at the time to convey a11 of her interest in the pro��erty on
<br /> :ahich the Y�ouse ?p���s built �.nd the surrounding ground whicn also included the West Ha1f of
<br /> Lot one h��nc�red seventy six of the said T�Test Lat�m Addition to the City of Grand Isla.nd, H�11
<br /> i County, Nebraska; �n�t said �yeed �,Tas recorded in the office of the Register of Deeds of Hall
<br /> Count�T, :Jebr�sk� #:n book 73 of' Deeds at t�a.�;e 261; tha.t s�id deec� was given in satisf�ction
<br /> of tne mort��ge on s�id ��remisPS, bein�; the mor�gage �nd. rene���als mentionec� in this para.graph ,
<br /> and the release thereof ��uas filed in the officg of the Register of Deeds of Hall County, Nebraska.
<br /> in trie m2nner �rovided by l��a. "
<br /> The Court further finds t�i:�.t the Defendant, Ellen Ar�:_bell Burnap Tailfully abandoned
<br /> said x�remises and. in particular the '�est Half of' Lot One hundred seventy six West La.wn
<br /> Addition to the City of Gra.nd �slan�, Hal1 County, Nebr�sk�, on trle lOth day of March, 1Q33,
<br /> th�t she has fa.iled to p^y the taxes on s�.id. nremi�es since sa.id date and has not at�empted in
<br /> any �.��y to exercise any dominion over said t�remises; ttza.t tne Defendant, Tecumseh Building
<br /> and Loan �s�oci�.tion took posaession of said premises, and in particular the West Half of
<br /> saica Lot one hundred seventy six 1�'�est Lawn Addition to the City of Grand Island, NPbraska
<br /> on the s�id lOth da,y of March, 1933 as the owner thereof, openly, notoriously a.nd a.dverse
<br /> to the interests of the said Ellen Arabell Burnap; that on the 16th day of April, 19-4, said
<br /> Defend�nt Tecumseh Building and Loan Association conveyed sa.id premises to one Floyd L.
<br /> Darlin�, by ?�rarra.nty deed to the West Half of Lot one hundred seventy five only and sa_id '
<br /> deed s,,�a.s recorded in the office of t.1e Register of Deeds of Hall County, Nebraska on the
<br /> 17th c�.��.y of April, 1g34, in book 7� of Deeds at p�.ge 323, and tne said Floyd L. Darling took
<br /> possesslon of said nremises and held the West H�,lf of Lot One Hundred Seventy six West Lawn
<br /> Adc�ition to the City of Grand Island, Nebra.s�sa, openly, notoriously and adversely to the
<br /> interests of �11 persons Tahomsoever; tilat tne Defendant Ellen Arabell Burnap ?�ras a widow
<br /> �t �11 times mentioned in this decree; that the said Floyd L. Darling died on the l�th day
<br /> of �pril 1943 at Gra.nd Island,Ha.11 County, Nebras'�a, leavino a la.st will and testamer�t and
<br /> the same has been duly admitted to brobate in the County Court of Hall �ounty, Nebraska, and
<br /> t'.e Defend.�nt Ica Irena Darling is tnle duly appointed, qualified and acting executrix of
<br /> said estate and the sole devisee and legatee of' the real Uroperty of s�id estate and she is
<br /> sometimes known as Irena Darling; tnat the said Floyd L. Darlin�;, in his lifetime and his
<br /> ��ife Ica. Irena Da.rlin�, ?,tho signed her name a.s Irena Darling, conveyed said x�roperty to tne
<br /> Plaintiffs �n�eldon �. Coy �nd Ruth E. Coy, by T��arranty deed as Joint ten�nts �.rid not as ten�nts
<br /> in common, said deed being d�ted March 2�-tn, 1942 and covering the West Half of Lot one hun-
<br /> c�red seventy five of s�id West L�t�m Addition a.lthougn it �1�a.s trle intention of the parties to
<br /> convey a,ll of tnP ground on ?�*hich the house stood and the ground surrounding it, tna.t sa_id
<br /> deed w�s recorded in the office of the Register of Deeds of Hall County, Nebraska, in Book
<br /> �3 of Deeds �t page 276; th�t tne Plaintiff,s took possession of a.11 of said ��remises and in
<br /> pa.rticular tne West Half of Lot one nundred seventy six '�lest Lawn Addition to the City of
<br /> Grand Island, Hall County, NPbra.ska, and have held the same since sa.id da.te openly notoriously
<br /> and adversely to the interests of all persons whomsoever.
<br /> Tne Caurt further finc?s tha,t all person.s whose names apY�e�r of record in connection with
<br /> the ti'�est H�lf of Lot one h�.andred �PVer�ty six �'�est Lawn Add.ition to the City of Gra.nd Isl�.nd,
<br /> Hall County, Nebr��a.s'c�, and wno h�vP or claim some interest therein, have been made parties
<br /> defendant, in this cause and triat a.11 persons T�rho ma.y have or claim some inter�st in said
<br /> premises but ?ahose names do not ap7�e�r of record have been made parties defendant and desig-
<br /> n�ted �s '�all nersons h�ving or cla.iming any interest in tne ti'�est Half of Lot one hundred
<br /> seventy six,West La,wn Adnition to the City of Grand Island, Hal1 County, Nebraska, as surveyed,
<br /> platted �nd recorded, real names unknown, Defendants. " ; and tnat the Plaintiffs after diligent
<br /> investigation and inauiry, has been unable to learn the names or wnereabouts if in this State
<br /> or the residences of such persons.
<br /> The Court furtner finds that the Plaintiffs ar.d their grantors, to �.�rit the Defendants,
<br /> Tecumseh Building and Loan Association, Ica Irena Darlin� and Floyd L. Darling, in his life-
<br /> time, have occupied said �,remises ancl in particula.r the West Half of' Lot one hundred seventy-
<br /> six, West L�wn Adc'�ition to the City of Grand �sl�nd, H�11 County, Nebraska as the o��uners there-
<br /> of �nd. each one in tneir turn have been in opPn, notorious, continuous and �dverse possession
<br /> of sa,id T�remises since March lOth, 1933, and the interests acquired by each of said persons
<br /> while o•.�rner thereof, b� virtue of' the cos�enants of ?�rarrar.ty and delivery of nossession to
<br /> each subseauent grantee, run ��Tith the land and ta.ck on to t.ze interests of the Pla.intiffs
<br /> herein; tnat said open, notorious, continuous and adverse ��ossession has continued for
<br /> more th�.n ten years last p�st, that if a.ny of the Defendants mentioned in this decree or the
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