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<br />en,`allowed and admitted to probate in the County Court of Hall County, Nebraska, and that the
<br />plaintiffs herein are the duly appointed, qualified and acting executors of the estate of the sai
<br />Thomas Hostler, deceased; that administration upon said estate of the said Thomas Hostler, deceas
<br />ed, is still pending in said court; that the said Thomas Hostler, deceased, left surviving him as
<br />his heirs at law, legatees and devisees, and his only heirs at law, legatees and devisees, the de
<br />f enaants, Johanna Hostler, his surviving widow, Thomas Hostler and William Hostler, sons, Margare
<br />Hostler, Agnes Hostler and Irene Hostler, all minor defendants under the age of 14 years, and bei
<br />daughters of John Hostler, deceased, a son of the said Thomas Hostler, deceased, and the plaintiff
<br />Edward H. Hostler, his son; that the said John Hostler, deceased, died prior to the death of the
<br />said Thomas Hostler, deceased; that the defendant Goldie Hostler is the wife of the defendant,
<br />Thomas Hostler; that the defendant Ruth Hostler is the wife of the defendant William Hostler;that
<br />the defendant Bertha Hostler is the wife of the plaintiff Edward Ii. Hostler, and that the aefen
<br />Alberttine Wendt is the wife of the defendant August C. F. Wendt.
<br />The court further finds that on or about the 19th day of lurch, 1916, the defendant August C
<br />F.'endt, for a valuable consideration, and by inuorsement in writing upon said written contract of
<br />sale and purchase, duly signed by him, sold, assigned and transferred to the defendant Peter Rade-
<br />macher, all his right, title, interest, claim, demand, and estate in and to said written contract
<br />of sale and purchase, and to the premises therein described, that said premises were never the
<br />homestead of the defendant August C. F. Wendt and Alberttine Wendt, his wife, or either of them,
<br />and that the said defendants August C. F. Wendt and Alberttine Wendt, his wife, or either of them,
<br />now have no right, title, claim, demand or estate in or to the said premises or any part thereof,
<br />and that the defendant Peter Rademacher is now the owner and holder of said written contract of
<br />sale and purchase; that saiu written contract of sale and purchase is still in full force and ef-
<br />fect, that the plaintiffs herein were not given power to sell and convey real estate without aut
<br />ority from the court, by the terms of the last will and testament of the said Thomas Hostler, de-
<br />ceased, *hat plaintiffs are ready and willing to convey'said premises to the said defendant Peter
<br />;Rademacher or his assigns when so authorized to do by thin court, that the said Thomas Hostler,
<br />ceased, never executed a deed of conveyance of said premises as provided by the terms of said con-
<br />' tract ; that upon payment of the balance diae upon said written contract of sale and purchase, the
<br />said defendant Peter Rademacher or his assigns, is entitled to a deed conveying said premises by
<br />fee simple title, and that the plaintiffs herein and the defendant Peter Rademacher are entitled
<br />,to a specific performance of said contract of sale and purchase.
<br />It is,therefore, ordered, adjudged, and decreed by the court that the plaintiffs be, and t
<br />hereby are awarded a specific performance of said written contract of sale and purchase of the
<br />;premises hereinbefore described, and the plaintiffs, as executors of the last will and testament
<br />of the said Thomas Hostler, deceased, are hereby authorized, directed and commanded to execute an
<br />!deliver to the said Peter Rademacher, defendant, or his assigns, a deed conveying said Southeast
<br />,,Quarter of Section Number Four (4) in Township Number eleven (11) North, Range Number Ten (10), ir.
<br />Hall County, Nebraska, by fee simple title upon payment to the plaintiffs of the sum of $8,700.0p,
<br />with interest thereon at the rate of 5j per cent: per annum from the 11th day of October, 1915, be
<br />ing the balance due upon said written contract of sale and purchase, and the said Peter Rademacher
<br />,defendant, is hereby directed and commanded to pay to the plaintiffs herein, within twenty days
<br />;from the entry of this decree, the said sum of 15,700.00, with interest thereon from the 11th day
<br />of October, 1915, at the rate of 5j per cent. per annum, being the balance due upon said written
<br />contract of purchase and sale, and upon his failure so to do that said premises be sold as upon
<br />execution, and that an order of sale issue therefor by the clerk of this court, to satisfy the
<br />amount so found due plaintiffs, with interest, and the costs attending such sale.
<br />It is further ordered, that a fee of $25.00 be allowed to J. L. Cleary as guardian ad litem
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