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<br /> I�IISCELLANEOUS RECORD W
<br /> 98289�TNEIIUGUSTINECO.GRANDISLAND,NEBN. � �
<br /> report for such service, or by any of said reasons prevented from appearing in this cause or deprived of an
<br /> opportunity to answer plaintiffst petition and the Court there hereby appoints George W. Abbott as attorney
<br /> to represent such of the defendants in this cause who may so be prevented from appearing herein or deprived
<br /> of an opportunity to answer plaintiffst petition;
<br /> This cause then came on further for hearing u�on the petition of plaintiffs and the evidence adduced in
<br /> support thereof, and the answer of said attorney for said defendants heretofore herein appointed, upon
<br /> consideration whereof, the Court, being fully advised in the premises, finds �enerally in favor of the
<br /> plaintiffs and against the defendants, and that the allegations se� forth in plaintiffsf petition are true; (2)
<br /> th�t plaintiffs are the owners by title in fee simple as alleged in their petition of the following described
<br /> real estate, to-wit:
<br /> That part of Fractional 131ock 117 in Koenig and WiebeTS Addition lying easterly nf Fractional Lot
<br /> 5 in such Fractional Block 117 and being complementary to Fractional Lot 6 in Fractional Block 117
<br /> of Railroad Addition, all in the City o.f Grand Island, in Hall County, 1�'ebraska,
<br /> and that they and their predecessors privy in title have been f or more than ten years last past in open,
<br /> notorious, continuous, exclusive, adverse possession thereof under claim of title in fee simple, and that
<br /> plaintiffs are entitled r.o a d.eeree quieting their title thereto in them as Joint Tenants with right of
<br /> survivorship between them, .not as tenants in common, as against each and all of the defendants herein. �
<br /> IT IS THF.RFFORE ORDERFD, AD,jUDGED AfiD DFCREED BY THE COURT that the fee simple title of plaintiffs as
<br /> Joint Tenants with right of survivorship between them, not as tenants in co�imon, in said real estate be, and
<br /> the same hereby is quieted and. confirmed in them as against the defendants and each of the�, and that the
<br /> defendants and each of them are forever enjoined from claiming or asserting any right or title to, or interest
<br /> in, or lien upon said real estate. Costs of this action are hereby taxed to plaintiff, including $10.00 for
<br /> said George W. Abbott.
<br /> BY TEiE COURT
<br /> , (s) William F. Spikes
<br /> District ,Judge
<br /> S TA TE OF l�?rBRAS KA. )
<br /> ) ss. I, M. I:. Moses Clerk of the District Court within and for said County and State,
<br /> COUNTY OF HA LL ) do hereby certify that I have compared the foregoing copy of the DF.CREE in the
<br /> case of Omar R. Henderson and Lilian M. Henderson vs. Florence H. ��iebe, et al �
<br /> filed by sa.id Court on the 18th day of December A, D., 1951, with the nriginal filed in mp office and that the
<br /> s�me is a correct �ranscript thereof, and of the whole of said original.
<br /> IN TESTIMOI�Y WEiEREOF, I have hereunto set my hand and caused to be affixed the official seal of said Court,
<br /> at the City of Grand Island, this 18th day of Dec. A. D., 1951.
<br /> (SEAL) . M. F,. Moses
<br /> Clerk of the District Court
<br /> By Mar aret Kozal Deputy
<br /> Filed f or record ' th is 18 day of December 1951, at 2:45 otcl_ock P. M. ,;
<br /> �a.�.� G�.�
<br /> Regi:ster �of Deeds
<br /> o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-a-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-ao-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o
<br /> ORDINANCE N0. 2558 ,�
<br /> An ordinance authorizing and directing �he sale of the right, title, and interest of
<br /> the (3ity of Grand Island, Nebraska, in certain r�al property; providing the manner in
<br /> whieh the same sY�a11 be sold and the terms of said sale; providing for the giving of notiae
<br /> of the sale oP said real estate a.nd the �erms thereof; and, providi�g for the right to
<br /> f ile a remonstranee against '�he sale thereof.
<br /> �THEREAS, Lucy Min�ken is the reeord title owner of Lot Two (2) , and Andrew F. Hatf ield
<br /> � and Lura M. Ha�f i�ld, ae �oint t�nants, are the owners of Fractional Lots Fourteen (14)
<br /> and Fifteen (l,�) , all �.n Ca,pitol. Hill Addition to the City of arand Island, Nebraska, and
<br /> , WHEREAS, Capl�ol Hill Addition �o �he C�.ty of Grand I�1and was platted and 1oc�3.ted
<br /> on vacated Block Th9.rty-four (3�) and Fractional Bloek Thirty-f ive (35 ) , and the vacated
<br /> part of Cherry Street be'�ween said blocks of' what w�As formerly Russel Whealer� s Addition
<br /> to �he City of Grand Island, Nebraska, sueh plat of Capi'�ol Hill Addition being duly
<br /> accepted by the Mayor and City Council of the Ci�y of Grand Ssland, on August 18, 1909, and
<br /> WHEREAS, and prior to the platt3.ng of CaPitol Hill Addition tca the City of Grand
<br /> Zsland, Nebraska, the Mayor and Ci�y Couneil, by Ordinance No. 386 duly enaeted on the 3rd
<br /> day of October, 1906, vacated that part and port3.on of Cherry Street between Block Thirty-
<br /> f ive (35) and Fractional Block Thir�y-four (34), in Rusael Wheeler� s Addition to the City
<br /> of Grand Isl.and, Nebraska, and by virtue of such vacation the City oP Grand Island, under
<br /> �he law became the owner of the title �o sueh vacated street, and
<br /> WHEREAS, the Ci�y oP arand Zsland has nevEr by deed conveyed ite right, title and
<br /> interes� in and to the real ea�ate occupied by sueh street and is still the owner thereof, amd
<br /> WHEREAS, portions of the vacated Cherr Stree'� now make up and com�rise a port3,on of
<br /> Lot Two (2) and Fractional Lots Four�Geen (1�) and Fifteen (1�) , oP Capitol Hill Addition
<br /> to the Ci�y pf Grand Island, and the right, �ltle and interest of the City af Grand Island,
<br /> Nebraska, in and to such portion� of guch lots is a cloud upon �he tit7.e of the ownere of
<br /> �uch lots, and
<br /> 'WHEREAS, the Ci'Gy of Grand Island, duly accepted said plat and have since their
<br /> acceptance thereof on Augus� 18, 1909, claimed no righ�, title or interes� in sueh portions
<br /> of' such lots and have exereised no con�rol or right of ownerghip in guch lots, and
<br /> WHEREAS, the owners of said lots since August 18, 1909, have made improvemen�s on suoh
<br /> lots and have paid all real estate �axes and s�ecial assesam�nts levied against the same, and
<br /> WHEREAS, the Ci�y of arand Island is desirous of removing the eloud on the title of ;
<br /> auch lots, and in considera'�ion of the owners hav�.ng paid the tax�s and special assessment�
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