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<br /> 21917—The Augustine Co., County 3upplies, Grand Island, Nebr.
<br /> DECREE
<br /> IAI THE DISTRICT COURT OF HALL COUNTY, NEHRASKA.
<br /> Marlon L. Dean and Naomi Dean, ) .
<br /> Plaint lf f s,
<br /> � � 10702
<br /> -Vg-
<br /> DECREE.
<br /> George M. �ngleman, Barah
<br /> Elizabeth En leman, W1113am
<br /> W.Mitchell� �atherine Mite�ell,
<br /> Rebecca Strausbaugh, and all �
<br /> persona havl.ng or claiming
<br /> any interest in Lo�s Four and
<br /> the East One-Half of Lot Five,
<br /> 1n Block Nine, in the Original
<br /> Town of Wood River, Nebraska, )
<br /> r�al names unknown, �
<br /> Def endant s.
<br /> Now on this �th day of Oetober, 1946, this aause aame on for hearing on the petition
<br /> of the plaintiffs and the filea 3.n �he case and the answer of the Attorney f'or the defen-
<br /> danta in the Military Service of the United States and its alliea as dePined by the Civil
<br /> Relief Ac:t of Con�ress ot' the United States and Acta amenda�ory thereto and the Court
<br /> having Qarefully examined the files, findg that service has been had on each oF the above
<br /> named def endants and all p ersons having or cla.iming any interest in Lots gour and the Eas�
<br /> �ne-Half of Lot Five, In Block Nine, in the Origi.nal Town oP Wood River, Nebra�ka, real
<br /> na,me� anknown, by publication in the manner provided by 1aw and proof thereof has been
<br /> filed herein in the manner provided by law, that each and every one of sald dePendants
<br /> exaept those for whom aM anawer has been filed, is in default and default is hereby dulq
<br /> entered against each of them.
<br /> Thia cause �Ghen came on to be heard on the petitivn of plain�iff and the ans�er of the
<br /> attorney for the defendante in �he Military Serviee oP the United State� and its alliee as
<br /> dePinPd by the Civil Relief act of the Congress of the United t3tatEa and Acts amendatory
<br /> thereto, and the Piles in the case, evidenee was introduced by and on behalf oP the pla,intiff
<br /> and sald cause was submitted to �he Court and the Oourt being fully advised in the premiqes,
<br /> finds generally for the plaintiPf$ and that the allegations of plaintiff s peti.tion are true.
<br /> The Court further finds that on the 13�h day of December, 1883, the defendant, Qeorge M.
<br /> Englemaxi beeame the owner of Lots F"our and the East One-Half of Lot Five, in Block Nine,
<br /> in the Ori�inal Town of Wood �tiver, Nebraska, by virtue oP a warranty deed; that �on or
<br /> about the 29th day of March, 1895, he and the defendant, Sarah Elizabeth Englema,n, his
<br /> wi.fe, conveyed said premiaes by warranty deed to the defendant, William W. MitoYiell; that
<br /> eaid deed was reeorded in the office of the Re�ister of Deed� of Hall County, Nebraeka,
<br /> in Book 21 oP Deeds at page �64; that on or about the 7th day of September, 1895, the de-
<br /> W M ell nd his w3fe the defendant +�atherine Mitahell conve ed said
<br /> fendant William . itch a y
<br /> � ,
<br /> premiee� by warranty deed to the defendant, Rebecsaa S�rauebau�h; .-���:�- said deed was recorde�.
<br /> in the off iee oP the 1�egister oP �eeds oP Hall �ounty, Nebraeka, !n book 21 of Deeda at
<br /> page 619 on the llth day of 3eptember, 1895; that in each of the laet two mentioned deeds,
<br /> 8aid premises were srroneouely described as Lote Four and Five, Blo�¢k Nine, Firat Addition
<br /> to the Village of Wood River, Nebraeka, that no such description sxists in the Villa.�e of
<br /> Wood River; that each of said defendants oacupied the premi.aes firat described in this
<br /> par&.graph as owners, and intended to eonvey such firat deacrlbed premises and each of gaid
<br /> �ranteee became the o�rner of said first deaeribed premisea.
<br /> The Court Purther finde tha.t no evidenae of any oonveyar�ce by the defenda.nt Rebecca
<br /> Strausbaugh to any other peraon exi�ts,but that one Jaeob B.Leedom took posaession ot eaid
<br /> Lote Four and the East One Ha7.f of L�t Five,in Bloak Nine,in the Original Town oP Wood
<br /> River,Nebraska,on the 23rd day of Marah,190,� a,� �he owner th�reof and occupied the same
<br /> as o�m�r;�ha,t the said Jacob B.Leedom and his wife Evaline Leedom,canveyed eaid premise8
<br /> by warran�y deed to one Aleathea J.Fioppel on th� �3rd day of June,1905 and Baid deed was
<br /> duly recorded in the Office �f the Register of Deeds of Hall County,Nebraska on the 2�th
<br /> day of July,1905 in book 36 oF deeds at page ,�03;that $ald Al.eathea J.Hoppel as Al�'Ghea
<br /> J.Hoppel and her huaband Earl T.Hoppel,aonveyed said premieee by warranty deed to one
<br /> , Anna J.Heatherington on the 20th day of Sep�ember,1906 and said deed was duly recorded
<br /> ir� the oPfice of �he Regieter oF Deeda af Hall County,Nebraska on the 1�th day of April,
<br /> 1907 in book 4�0 of Deeda at page 132;that eaid Aleathea J.Foppel who ie mentioned a8
<br /> grantee in the deed fir8t mentioned in this paragraph is one and the same person a.s Alethea
<br /> J.Hoppel who ia mentioned as grantor in �he next mentioned deed; that Anna J.Heatherington,
<br /> a widow,QOnveyed said premieea by warranty deed to Eva I.Hlass on the 30th day of June
<br /> 1919 and said deed was duly recorded in the office of the Register of Deeds of Hall Countp,
<br /> Nebraska on the lOth day of July,l919 in Book ,5� oP deeds at page 526;tha� Eva I.Blase,
<br /> a widow,conv�yed said premi8ea,bq warranty deed to J.Violet Penwell,Mary R.Huebner and
<br /> Addiaon W.Blase on the 8th day of May 193,5 e,nd said deed wae duly recorded on the 16�Ch da3r
<br /> oP 5eptember,1937 in the office ot' �he Register of Deeds of Hall County,Nebraska,in booY
<br /> 77 of deeda at pa.ge 98;thst J.Violet Penwell and Clyde A.Penwe2l.,her husband,Mary R.Huebner
<br /> and John C.Huebner,her husband,and Addison W.Blass and An�helia 3.Blass,his wife conveyed
<br /> �aid premi8es by-warranty deed to M.Blanehe Burmood,on the 16th day of September,l937 and
<br /> said deed was duly recorded in 'Ghe oPfice of the Register of Deeds of Hall Co�znLy,�tebraska
<br /> on the 22nd day of May,1942,in book 82 of Deede at page 2�8;that M.Blanche Burmood and
<br /> alenn W.I�.irmood,her huBband,conveyed said premisee by warranty deed to Marion L.Dean and
<br /> Naomi G.Dean who i� also knoam aa Naomi Dean,on the 12th day of Auguet,29�� and said deed
<br /> 3.� recorded in the office of the Register of Deeds of Hall aounty,Nebra,ska,in book 93 oP
<br /> deede at page 295 on the 2?th day of Au�uet,1946;that Lots Four and the Eas� One-half of
<br /> Lot Five,i.n Bloak Nine,in the Original TotAm of Wood River,Nebraska ia a part o� all ot' the
<br /> real estate described in all ot' the deede mentioned in t2�is paragraph;that the plaintiffa
<br /> Marion L.Dean and Naomi Dean are the last �nentioned �rantees and said premisea were oon-
<br /> veyed to them by warrantq deed as �o-int tenants and not aa tenante in oommon with right
<br /> of survivorship in the surviving grantee;�ha,t- the plaintifPs,l�arion L.�ean and Naomi Dean
<br /> and their immediate conveying grantors,Jaeob B.�eedom,Evaline Leedom,Aleathea J.Hoppel or
<br /> Alethea J.Hoppel,Ear1 �.Hoppel,Anna J.Hea'therington,Eva I.B1as�,J.Viole� Penwell,Clyde A.
<br /> Penwell,Mary R.Nuebner,John C.Huebner,Addison W.Blass,anthelia S.B1ass,M.Bla,nche Burmoad
<br /> and Glenn W.Burmood,have oecupled said premi�es as the oxnere thereof and have been in
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