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<br /> I�II�CEI�LAN�OUS RECO V ,:�
<br /> 2903H-TN[11tlO0fTINECO.GR�ND1lLAND,NlBR. . � i
<br /> Purchasers when making payment will forward this contract to the office of -------------
<br /> contract will be re'�urned properly endoraed.
<br /> State of Nebraska )$s� Before me, B. F. Douthit, a Notary Publie in and for said County,
<br /> Hall County � this day personally came William J. Prater and Mary F. prater, .
<br /> Jaznea L. Hendrix and Eil�en E. H�ndrix, who is kno�n t���me to, b� the ident3.ca1 persons
<br /> t�iho executed the foregoing instrument a�d acknoz�ledgecT,;�h��they signed, sealed and
<br /> delivered it as their free and voluntary act and deed for the purposes therein set forth.
<br /> Given under my hand and Notar.ial Seal. this 7��th day of May, 1948.
<br /> B. F. Douthit
<br /> (SEAL) Notary Pub c.
<br /> My commission exnires the 30th day of October, I952.
<br /> Filed for record the 13 day of May, 19�8 at 11:30 0' clock A.M. _�.�-�-���-� �`'L`�'�'_
<br /> Regigter of Deeds.
<br /> O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-�-O-O-O-O-O-O-O-O-0-0-0-0-0-0-0-0-0-0-O-O-p-O-O-O-O-O
<br /> AFFIDAVIT h
<br /> 5tate of Nebraska) In re: Frac. Lot 3 in Block 19 of Arnold and Abbott ' s
<br /> as. Addition and the �n�esterly 33 Ft. of Lot 3, Block 11�
<br /> County of Hall ) of Railroad Addition, all in the City of Grand Island,
<br /> Nebraska.
<br /> E�rerett E. Herndon and Myrtle J. Herndon, husband and wife each in his and her own
<br /> right and as husband and wife, individually and collectively, denose and st�te that they
<br /> are the owners and in possessiori of the following described real estate, viz:
<br /> Fractional Lot Three (3) in Block Nineteen (19) of Arnold and Abbott � s Addition and the
<br />� Westerly Thirty-three ( 33? Fee� oP Lot Three (3) in Block One Hundred and eighteen (11�)
<br /> oP Railroad Addition, a11 in the City of Gra,nd Island, Nebraska, and that they have held
<br /> the same in open notorious possession sinee the 3rd day oP March, 19�-7.
<br /> Affiants further depose and state that they �,nd �their predecessors in title have been
<br /> in open notorioue and exclusive possession of said real estate for more than 50 years;
<br /> that James t�. Thompson purchased said premises at a sheriff' s sale in an action brought
<br /> in the District Court of Hall County, Nebraska, being Case Number 2055 entitled James W.
<br /> Thomnson, Plaintiff, vs. Louis C. Conow, et �.ls. , defendants, which sale was held on
<br /> date of February 27, 1�96, and which sale was confirmed and deed ordered on date of
<br /> March 2, 1�g6, and �,�hich deed was filed for record in the oPfice oP Register of Deeds in
<br /> Hall County, Nebraska, on date of March 7, 1�96 and recorded in Book 26 of Deeds at Page
<br /> I2 thereof �nd that the sa�.d James W. Thompson h eld the same thereafter in open notorious
<br /> possession; tha,t the said James �iJ. Thompson, a widower, sold and conveyed said premises
<br /> to Henry G. Smith and Kattie E. Smith, on date of August 1.7, 1�96 and the deed oP
<br /> conveyance was filed for record on date of August 1F�, 1�g6, and the said Henrf (�. Smith
<br /> and Kattie E. Smith held themselves out to be the owners and in open no'�orious and
<br /> adverse possession of said premises until the death of the said Kattie E. 3mith, whose
<br /> will was duZy allotaed and adm3.tted to probate and that under the terms thereoP all the
<br /> interest tahich the said Kattie E. Smith had in ancl to said premises p�,ssed and descended
<br /> to her surviving husband Henry G. Smith; that the sa,id Henry G. Smith remained in open
<br /> notorious and exclusive possession of said premises until he deeded the sa,me by Warranty
<br /> Deed to Alice 011ive Rouse which deed was filed Yor record on date of May 23, 1910; that the
<br /> said Alice 011ive Rouse remained in open notorioua �.nd exclusive possession of said
<br /> premises until she as Alice 011ive Swanson and her spouse deeded said premises by
<br /> T�larranty Deed to Lula B. Lang,jhax which deed was filed for record on d�.te of July 25, 191�;
<br /> that the said Lul�. B. Lang,jhar remained in open notorious and exclusive possession of said
<br /> r mis s until sh and her husband deeded sa.id remises to Helen B nnin whi
<br /> e e e p a ch deed was filed
<br /> � g,
<br /> for record on date o� May 3, 1920; that the said Helen Banning remained in open notorious
<br /> and exclusive posse$sion of said premises until she deeded the same to 8tephen A. Hayman
<br /> i by Warran,ty Deed, TR�hich deed was flled for record on December 31, 1925; th�.t the said
<br /> Stephen A. Hayman remained in open notorioue and exclusive possession of said premises
<br /> I� until sa,id premises had been sold under a decree of' foreclosure in an a ction filed in the
<br /> District Court of Hall County, Ne�raska, entitle Grand Island Trust Company, of Grand Island,
<br /> Nebraska, a Corporation, Plaintiff, vs. Ruth V. Hayman and Stephen A. Hayman, husband
<br /> and wife, et als. , defendants; that at said Sherif'�� s sale said premises were purchased
<br /> by the Grand Island Trust Campany of Grand Ialand, i�ebraska, a Corporation, plaintiPf in
<br /> said action anc� that said sale was duly �onfirmed and deed ordered and that said deed was
<br /> ' filed Por record on date of January 12, 1937, and the said Grand Island Trust Compa.ny of
<br /> Grand Island Nebraska a Co orat�;on remained in o en notorious and x lusiv s s i
<br /> , , rp , p e c e o� e s on
<br /> of sa.id premises until it was deec'f�dby them to Henry K. Mader and Freeda Mader husband
<br /> .
<br /> ,
<br /> nd wife s oint ten nts and not as tenants in common �,uith ri ht v
<br /> a , a ,j a g of sur ivorshi • that
<br /> P,
<br /> the said Henry K. Mader and Freeda Mader, husband and �siPe, as �oint tenants remained in
<br /> open notorious and exclusive possession of said premises until they each in their own
<br /> right and as husband and wife deeded said premises to Lydia Becker, whieh deed of
<br /> conveyance was filed for record on date of May 15, 1942; that the said Lydia Becker remained
<br /> in open notorious a.nd exclusive possession of said premises until she by Warranty Deed
<br /> conve ed said remises to Louis Palu and Julia Palu husband and wife s int t n nt
<br /> Y P , a o e a s and
<br /> �
<br /> not as tenants in common t�rith right of survivorship, which deed was filed for record on
<br /> date of March 3, 19�-5; th�t the said Louis Palu and Julia Palu as ,joint tenants rema�.ned
<br /> in open notorious and exclusive poasession of said premises until'.�they by 4larranty Deed
<br /> conveyed sa.id premises to Laurence L. Chase and Fern M. Chase, husband and wife, as ,�oint
<br /> tenants �,nd not as tenants in common t�ith right oP survivorship, *,ahich deed oP conveyanee
<br /> w�,s filed for record on date oP March 3, 1945; tha.t the s�.id La,urence L. Ghase a.nd Fern M.
<br />� Chase as ,�oint tenants remained in open notorious and exclusive possessi4n oP said premises
<br /> until they b,y I�tarranty Deed conveyed said premises to Ray W. Powell and Vera G. Powell,
<br /> husb�nd and wife as ,joint tenants and not as tenants in common with right of survivorship,
<br /> which deec3 of conveyance was filed for record on date of March 6, 19�6; that the said
<br /> a ?
<br /> R �. Powell and V ra G. Pow 11 husb nd nd wif
<br /> e e a a e as oint t n nts
<br /> y , ,� e a r e m a i n e d i n o p e n
<br /> no tor ious an d exc lus ive possess ion o f sa i d premises un t i l they by Warrant Deed eonve ed said
<br /> Y
<br /> Y
<br /> �remises to affiants, �ahich deed of conveyance was filed for record on date of �2arch 7, 19�+7;
<br /> and that the� affiaMts aa ,joint tenants and n�t as tenants in common have remained in open
<br /> notorious and exclusive possession of said premises and maintain they are the owners in
<br /> �ee theraof and that they and their predecessors in title have not anly been in possession
<br /> oP said premises for a period of 23 years but their chain of title extends back Por more
<br /> than 50 yeara.
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