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<br /> I�II�CEI�I�AN�OUS R.E�C�RI� V
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<br /> 29056�TXEAUGtlSTINECO.iRAND1EL11N0,NCBR. � ' � - � �
<br /> CERT2FIED COPY �JF DECREE
<br /> TN THE D�STRICT COURT OF HALL GOUNTY, NEBRASKA
<br /> L. E. Schomburg, and Es�ella )
<br /> D. Schomburg, )
<br /> ) # 11313
<br /> P1�,intiffs, )
<br /> -VS- )
<br /> ) � DECREE. -
<br /> Ch�.rles F. Niles, Emma F. Nilea, ) �
<br /> F. F. Tu11y, first and real name . ) �
<br /> unknown, and all persons having �
<br /> or claiming �.ny �.ntere st in
<br /> Fractional Block One, in Wallichs' )
<br /> Addition to the City of Grand Tsland, )
<br /> Nebraska, real narnes unknown, � )
<br /> Def enda,nt s. ) �
<br /> No�,r on this 13th day of May, 1g49, this cause came on for hearing on the- pe�ition
<br /> of the plaintiff, the ansti,rer of the Attorney for �he defendants in the Military Service
<br /> of the United States or any of its allies as defined by Act of Congreas of the United
<br /> States in the Civil Relief Act and Acts amendatory there�o, and the files in the case,
<br /> and the Court having carefully exa.mined the same, finds that service has been had on
<br /> each of the above named defendants and Qn all persons having or claiming any interest
<br /> in Fraction�,1. B1ock One, in Wallichsr Addition to the City of Grand Ialand, Nebraska,
<br /> real names unkno���n, 1�3r publ.3.cation in the manner provided by law an�. proof thereof has �
<br /> been f iled herein; that each any every one of said defenda.n�s, exeept those �'or whom an
<br /> ansyrer has been f�.1ed, is in� default and defaul� is hereby en�ered against each and ;
<br /> every one of tnem.
<br /> This cause then c�me on further to be heard on the petition of the pla3.ntiff, the
<br /> ansti�er of the attorney for the defendants in the Mili'�ar� 5ervice of the tTnited Stat�s
<br /> or any its allies a� defined by the Civil Relief Act of the Congress of tne United S�ates
<br /> and Acts amendatory thereto, and '�he files in the ease, and th� evidence in�roduced by
<br /> and on behalf of the pla�.nt�.ff, and the plaintiff having rested, the cause was submitted
<br /> to �he Court, and the Court being fully advised in the premisea, f3.nda generall.y for the
<br /> plaintiffs, that the allegations of plaintiffs petition are true. -
<br /> The Court further finds that on or about the 27th day of July, 1912, the defendant, _
<br /> Char].es F. Niles, becarne the o�,mer of the prenises described in the caption of this �;
<br /> peti�ion, to wit : Fractional B1ock One, in Wa11ie�.� s Addition to the City of Grand _
<br /> Island, Nebraska, by virtue of a warran�Gy de�d, dated, acknowledged, and reeorded on
<br /> said date in the office of the Register of Deeds of Hall �ounty, TJebraska, in book Sl
<br /> of Deedg at page 77; tha� on �r about the 2�th day- of July, 1917, the said defendant s,
<br /> Char�.es F. Niles and Ernma E. Niles, his wife, made executed and delivered to the defendant,
<br /> F. F. Tully, a rea1. e�tate mortgag� wherein said premises were conv�yed to said defendan�,
<br /> sa3.d mortgage being dated and acknowledged on said� date and recorded in the office of
<br /> the Register of Deeds of Hall County, Nebraska on the 2&th day of July, 1917 in Book �9
<br /> v£ Mortgages at page 210; that no interest has been paid on said mortgage lien for more
<br /> �han Twenty years last past, and it 3.s barred by the Statute of Limitations and '.�s
<br /> i
<br /> un�nf orcible.
<br /> The Court further finds �tha� on or about �he 26th day of October, 1933, one Paul
<br /> H. Gillan, filed a petition for the foreclosure of a tax lien on said premise� in which
<br /> 5aid premises were described as �'Fraetional with Walliche' ; that the said Paul H�. Gi11an
<br /> took possession of said premises on October 9th, 1935 under and by virtue of a Sheriff's
<br /> i�eed, dated, acknotilledged and f iled for record on said date in �he office of �he
<br /> Register of Deeds of Hall County, Nebraska in Book 68 of De�ds at page 698, in w�.ich
<br /> said premises were erroneousl.y described as "Fractional with r�°;�allichs"' and not by their
<br /> correet description; that on or abou'� �Ghe lst day of August, 1946, the sa�d Paul H.
<br /> Gill.an and Marion '�J. Gillan, hi� wife, conveyed sa�.d premises by Quit cla3.m deed to
<br /> John D. Run�e and Grace E. Runge, husband and wife, a5 ,�oin� tenants and not as �enants
<br /> in commorr, said deed being dated and �acknowledged August lst. , 19�6 and filed f or record
<br /> in the office of the Regis�er of Deeds of Hal1 County, NebraSka on the 13th day of :�
<br /> September 19�6 in Book 89 of Deeds a� page 3.��, and �he said. John D. Runge and Grace E.
<br /> Runge, his wife, toak possession of said premiges as the owners thereof; tha,t the said
<br /> John D. Runge and Grace E. Runge, each in their own right and as spouse of the other,
<br /> conveyed gaid premiges by w�rranty deed, dated and aeknowledged on gaid November 6th
<br /> 19�8, to L. E. Schomburg and Estella D. Schomburg, the plaintiffs herein, as �oint
<br /> tenants and not as tenants in common, ti�ith right q;� survivorship ir� the surviving
<br /> grantee, �:nd said deed wa� recorded in the office of �he Register af Deeda of H�..7.1
<br /> Coun�y, Nebraska Nov�mber 22nd. , 1�4�8, in book 97 of Deeds at page 532, and said
<br /> pla3.ntiffs �ook pos�ession of said property as the �wners thereof; that the plain�iffs,
<br /> L. E. Schomburg and Este�.la D. Schomburg, and their immediate eonveying grantors, Paul
<br /> H. Gillan and Marion y�i. Gii3an, and John D. Runge and Grace E. Runge, have occup3.ed
<br /> said Fractional Block one , 3.n Wallichs' Addition to the City of Grand Island, Nebraska,
<br /> as �Ghe owners thereof and have been �.n open, no�orious, continuous and adverse possession
<br /> of said premises since October 9th, 19��, and the interests aequired by the persona
<br /> mentioned in this paragraph, by vir'�ue of the3.r covenants of warranty and del3.very of
<br /> possession to each subsequent purcha�er, run with the land and tack on to '�he interests
<br /> of the pla3.ntiffs therein, and such open, notorious, continuous, exclusive and adverse
<br /> possession of Fractional Block One, in S��Ta113.chs' Addition to the City of Grand Island,
<br /> Nebraaka, acts and operates aga3.nst the interests of a11 persons whomsoever.
<br /> The Court fur�her finds that all person whose names appear of re��rd i.n connee�ion
<br /> with Fractional B1ock one, in Wallichs� Addition �o the City of Grand Island, Nebrasl�a,
<br /> and who have or appear to cla3m some interes� there�.n, except the Equitable Building
<br /> Loan Association of Grand Island, Nebraska, which appears to have a l3.en on said premises
<br /> by vir'�ue of a mort�age, have been made partie s defendant in �Ghe cauae• that each of
<br /> said def enda.nts claim or a�pear to have some intereat in, right or tit�le to, or lien
<br />� upon said Fractional Block One, in ti^Tallichs� •-,,A,ddit3on to the City of Grand Island,
<br />� Nebraska, and t'ria� �he plaintiff's after diligent investigation and inquiry are unable to
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