�V�
<br /> I�IISCEI�LAN�OUS �ECORD V
<br /> 29058-7H[AUOtlETINECO.CRAND15L11ND.NEBR. � . � � '� .
<br /> DECREE
<br /> II� T�iF DIS`�AICT �QTTRT OF HALL CC�JJNTY, ;`�TEBRASKA
<br /> Henry A. Gruener and )
<br /> Carol Gruener, Plaintiffs ; CASE N0. �0939
<br /> -V S- )
<br /> ) DECREE
<br /> Kate L. Palmer, )
<br /> s�alter ��. Palmer, Jr. , )
<br /> Rueben Birkenbeuel, Clarence Birkenbeuel, )
<br /> The heirs, devisees, legatees, )
<br /> personal representatives and )
<br /> aIl other ��ersons interested in )
<br /> The Estate of Charles Birkenbeuel, )
<br /> deceased, real names unknoT�n, and All : )
<br /> persons having or claiming' )
<br /> any interest in the North H�lf of )
<br /> the Nortneast Quarter (N�NE4) of )
<br /> ��C�ion Thirteen (13) in mownship )
<br /> Ten (10) iJorth, Range Nine (��) , )
<br /> West of the 6th P.P�1. in H�,11 County, )
<br /> Nebr�.ska, rea,l names unknot,rn, )
<br /> Defendants )
<br /> This cause coming on to be hea,rd this 9th day of Set�tember, 19�+7, upon motion of
<br /> pla.intiffs for a defa.ult of tne defendants and eac�l and all of them herein and the Court
<br /> �,fter ex?mining the files, finds that plaintiff's, by their attorney herein, have filed in
<br /> this ca.use an �.ffic�avit with respect to the milita.ry service of sai d defendants a.nd tne
<br /> Court has abpointed Ray P�. Hig�ins as attorney for such of said defendants as are now en.gaged
<br /> in t��e military service of t�e ?Jnited Sta,tes of America. or any of its �llies, or are under
<br /> order to report for inc?ucti�^n therein or �re mer�bers o° t�,P Erllisted Reserve Cor��s under order
<br /> to re��ort f'or such service and by a.ny of said reasons de�rived of a.n opportunity to answer
<br /> �laintiffs r�etition herein filed or thereby t�revented from apnearing in �aid cause, all
<br /> �ursua.nt to T�le solders ' �,nd Sailors ' Relief Act of 1940 as amended and said attorney having
<br />• filed his �.nswer "r7erein on behalf of such defendants, the Court finds t'tlat tne default of e�ch
<br /> and all o�' tne defendants should be herein taken a.nd duly entere�- against them, due service
<br /> by x�ublication a.g�.inst tnem having been had 'nerein by plain�iff s, as b;� la.w ?�rovided.
<br /> IT IS THE�tEF�RE ORDE?'�Ei�, ADJUDGED ��ND �EC��'ED BY THE COURT t��t the default of e�ch a.nd
<br /> all of the defenda.nts herein be and tile sa.me is nere���y taken a.nd duly entered a.gainst them
<br /> exceptin� �s to such of them as are represented by s�id Ray T�I. Hib�ins, attorney herein-
<br /> bef'ore �n?�ointed by s�.id aourt.
<br /> This cause coming on for trial upon tne ,�etition of t�1�.intifPs a.nd tne ansTaer of sa�.d
<br /> Ray M. Higgins �,s attorne� for such of said deferidants as are no�T enbaged in the military
<br /> service of the Tlnited States of America or any of its a,llies, or are under order to report
<br /> for induction therein or are mer�bers of the Enlisted Reserve Corps under order to report
<br /> for such service and by �,ny of said reasons deprived of �n oppor�unity to answer plaintiffs'
<br /> petition herein filec� or thereby �revented fror.► appearing in said eause, and after taking the
<br /> evidence aduced in support of plaintiffs ' petition and hearing a�gument of couns�l, the Court
<br /> �inds genera'lly in favor of the plaintiff's and agairzst each and all of the defendants herein
<br /> and f urther finds that all of the allegations contained in plaintiffs� petition are true.
<br /> The Court further finds that plaintiffs are husband and ti�rife and spouse of each other and ,
<br /> are tt7e o?aners as ,joint teriants �vith ri�ht of survivorship bet1,ueen them of the ilorth H�,lf of
<br /> the T�ortheast Qu�.rter (N�NE�) of Section 13 in Township 10 TJorth, Range 9, ��est of the 6th P.M�
<br /> in Hall County, Ydebrask�,, �,nd that they and tneir nredecessors in title have been .in ox�en,
<br /> notorious, exclusive and adverse possession thereof, claimin� sole otanershi�� thereof since
<br /> Septer�ber 29, 190�+, to the exclusion of the defendants and each and all of them.
<br /> The Court further finds t'ri�t defendants Kate L. Palmer, ti�alter M. Palmer, Jr. , Reuben
<br /> Birkenbeuel and Cla,rence Birkenbeuel, as ��vell as lhe heirs, devisee�, legatees, personal
<br /> representatives and all other nersons interested in the Est��,te of Cha.rles Hirkenbeuel, de-
<br /> cea.sed, �rea1 names unkno�,m, have no right, title or interest t�rhatsoever in and to said real
<br /> est�te or any n�rt thereof nor do All pers�ns havin� or claiming any interest in the North
<br /> Half of the Northe�st Quarter (N�NE4) of Section Thirteen (13) in Township Ten (10) North,
<br /> Range NinP (9) West of the 6th P."r-i. in Hall County, Nebrask�., real names unknot�m, whose names
<br /> do not �p�ear of record Taith respect to said premises, ha.ve any right, title, or interest in
<br /> and to said real estate or any �art thereof �nd that said plaintiffs a.re the owners as ,�oint tenants •-
<br /> with ri�ht of survivorship bet4,reen them of and to said re�l estate and any pa.rt thereof and
<br /> their otanershi� is �'ree and clear of any �nd a.11 claims of said defendants a,nd a.ny of them, and
<br /> that said pla.intiff's and their ��redece9sors in title have cl�.imed sole and exclusive
<br /> ownership of said nremises as against said defe2zdants and eaci� of ttiem for more than �FO years
<br /> last pa.�t.
<br /> IT IS THER.EFORE ORZERED, ADJUDGED AND DECREED B�T THE COliRT that pl�.intiffs' title and
<br /> ownership to said t�remises riereinbefore descri:�ed, is hereby quieted and confirmed in
<br /> plaintif�s a.nd ,joint tenants i,rith right of survivorship bet:aeen them as against the
<br /> defe�idants and each and all of them in this a.ction, and said defendants and each and all of
<br />� t'�iem are hereby forever en�join�d from asserting any right, title or interest in and to said
<br />��,'�� premises or any ���rt thereof..
<br /> BY THE COURT
<br /> E. G. Kroger
<br /> �i stri et Judge.
<br /> STATE OF r1EBRASKA)
<br /> COUNTY OF HALL ) g$' I, ��. E. Moses Clerk of the District Court, Taithin and for
<br /> said County and state, do here�ay certify that I have compared
<br /> the foregoing copy of the DECREE in the case of Henry A. Gruener and Carol Gruener VS.
<br /> Kate L. Palmer, et al filed by said Court of t'�e 9th day of September A. D. , 19�7, with the �
<br /> original filed in my office and that t�7e s��me is a correct transcript thereof, and of the
<br /> whole of said original.
<br /> IN TESTIT•RONY ?�f-IEREOF, I ha.ve hereunto set my hand and caused to be a,ffixed the official seal
<br /> of said Court, at the City of Grand Island, this 9th c?a;� of September A.D. , 19�+7
<br /> ���� M. E. Moses
<br /> Filed for record tne 9 day of Se?�teMber, 19�+7 �.t 9:3p o�'c�.ock A Clerk of the District
<br /> Register of Deeds. V(-��-��-��. Court �✓
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