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f �1 LBZ <br />LJ <br />D <br />F-1 <br />�l <br />"Cl E E I RIM NINE Ws <br />zL cRE E.: — <br />BE IT REMEMBERED, THAT, on this 13th day of May, 1916, that being one of the days <br />of the January Term 1916 of the District Court of the Eleventh Judicial District of the State of <br />Nebraska, within and for the County of Hall, held at the Court House in the City of Grand Island, <br />before Honorable James R. Hanna, one of the Judges of the said District, the following among <br />other proceedings were had in the words and figures, following to -wit: <br />IN THE DISTRICT COURT OF HALL COUbTY NEBRASKA. <br />Edward H. Hostler and R. R. Horth, <br />Executors of the last will and <br />testament of Thomas Hostler, decId, <br />Plaintiffs, <br />-vs- <br />August C.F.Wendt, Alberttine Wendt, <br />Johanna Hostler, Thomas Hostler, Goldie <br />Hostler, William Hostler, Ruth Hostler, <br />Bertha Hostler, Margaret Hostler, Agnes <br />Hostler, and Irene Hostler, and Peter <br />Rademacher, <br />Defendants. <br />DE C RE E. <br />Now on this 13th day of May, A.D.1916, this cause came on to be heard and the court having <br />examined the files, finds that said defendants, and each and all of them, have been duly served <br />with summons in this action, and the defendants, August C. F. Wendt, Alberttine Wendt. his wife, <br />Johanna Hostler, Thomas Hostler, Goldie Hostler, William Hostler, Ruth Hostler, Bertha Hostler, <br />and Peter Rademacher, and each of them, are in default for answer or other pleading, and the de- <br />fault of said defendants, August C. F. Wendt, Alberttine Wendt, his wife, Johanna Hostler, Thomas <br />Hostler, Goldie Hostler, William Hostler, Ruth Hostler, Bertha Hostler, and Peter Rademacher, and <br />each of them, is duly taken and entered. <br />And this cause coming on further to be heard upon thoetition of the plaintiffs, and the <br />serer of J. L. Cleary, as guardian ad litem for Margaret Hostler, Agnes Hostler and Irene Hostler, <br />minor defendants herein, and the testimony, including the testimony of the defendant, Peter Rade- <br />macher, who was examined in open court, and the court being fully advised in the premises, finds, <br />that tqe facts stated in plaintiffs' petition are true, and that plaintiffs are entitled to the <br />relief therein prayed. <br />The court further finds that on the 11th day of April, 1911, and for a long time prior t <br />to, one Thomas Hostler, now deceased, was the owner in fee simple of the following described r <br />estate the County of Hall, and the State of Nebraska, to wit: <br />The Southeast quarter of Section Number Four (4), in Township Number Eleven (11) North, <br />Range Ten (10) West of the 6th P.M.; that on the 11th day of April, 1911, tl.e said Thomas Hostl <br />now aeceased, and Johanna Hostler, his wife, and one of the defendants . herein, entered. into a <br />written contract with the defendant August C. F. Wendt, for the gale of said real estate above <br />described, for the sum of $12,800.00, and that there is still sue upon said contract of purchase <br />from the said defendant August C. F. Wendt to the estate of the said Thomas Hostler, deceased, V <br />full sum of $9,700.00, with interest thereon from the 11th day of October, 1915, at the rate of <br />5j � per annum; that said written contract of sale of said premises between the said Thomas Host- <br />ler and wife, and the defendant August C. F. Wendt, was on the 7th day of March, 1916, duly de- <br />posited in the office of Register of Deeds of Hall County, Nebraska, for record, and was on said <br />day duly recorded in Book If of Miscellaneous Records, at Page 231 of the Records of said office; <br />that during his lifetime the said Thomas Hostler paid the $1,250.00 mortgage mentioned and refer- <br />red to in said written contract, and caused the same to be satisfied of record, said $1,250 mort- <br />gage being a balance due on a mortgage for $4,250.00 given by Alva B. Minor and wife,! and record- <br />ed in Took 33 of Mortgages at Page 545 of the Mortgage Records of Hall County, Nebraska; that on <br />or about the 16th day of May, 1915, the Thomas Hostler mentioned and described in said written <br />contract, departed this life, testate, at his home in Hall County, Nebraska; that the last will <br />and testament of the said Tilomas Hostler, deceased, was on the 16th day of June, 1915, duly prov- <br />