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�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 �✓ <br /> _ �-- <br />