iiGI.BZ
<br />1
<br />1
<br />1
<br />1
<br />1
<br />MLL AND DEGREE RES-ORD No.
<br />DECREE: -
<br />Be it remembered that on the 15th day of June A.D.1916 that being one of the days of t
<br />June A.D. 1916 term of the District Court of the Eleventh Judicial District of Nebraska, within
<br />and for the County of Hall, at the Court House in the city of Grand Island, before the Honorable
<br />James N. Paul, one of the judges of the said district, the following, among other proceedings,.
<br />were had, in words and figures, to -wit:
<br />IN THE DISTRICT COURT OF HALL COUNTY NEBRASKA
<br />Lucius Roy Brininger, Plaintiff,
<br />VS 4180 D E C R E E
<br />William Winans; Anna Winans, his wife;
<br />the unknown heirs and devisees of William
<br />Winans, deceased; the unknown heirs and
<br />devisees of Anna Winans, deceased; John
<br />Doe and Mrs. John Doe, his wife, each of
<br />whose real and true names are unknown,
<br />Defendants
<br />. . . . . . . . . . . . . . . . . . . . . . .
<br />Now on this 15th day of June A.D.1916, came the plaintiff in person and by Prince & Prinel
<br />his attorneys, and the defendants and each of them still failing to answer, demur or otherwise
<br />plead to the plaintiff's petition, were thrice solemnly called in open court and came not, but
<br />made default.
<br />And it appearing to the court that the said plaintiff has filed his petition in this case
<br />and in the verification thereto it is alleged and sworn to by the said Lucius Roy Brininger that
<br />the residences and places of abode of the defendants William Winans, Anna Winans, his wife, are
<br />to the plaintiff and his attorneys unknown; that they can not be found within the state of Neb-
<br />raska; and that by reason thereof personal service can not be had upon the said defendants; that
<br />the names ana places of residence of the heirs and devisees of William Winans, deceased and the
<br />heirs and devisees of Anna Winans, deceased, and each of them to this plaintiff are unknown.
<br />+Y
<br />And it appearing that the aforesaid plaintiff has made application for an order for ser-
<br />vice by publication as by law provided, said application being supported by an affidavit of the
<br />said Lucius Roy Brininger, that the above entitled action is an action to quiet title to real es-
<br />hate situated in Hall County, Nebraska; that the defendants William Winans and Anna Winans, his
<br />wife, can not be found in this state and that the residences or places of abode of such defendant;
<br />are to this affiant unknown; and that by reason thereof, personal service can not be had upon
<br />said defendants; that the names and places of abode of the heirs and devisees of William Winans,
<br />deceased, and the heirs and devisees of Anna Winans, deceased, and each of them, are to this af-
<br />fiant and his attorneys unknown, and therefore personal service can not be had upon said defend-
<br />ants. And it appearing that on the 24th day of April, 1916, an order for service by publication
<br />by granted by the Honorable James R. Hanna, Judge of the District Court of Hall County, Nebraska,
<br />to the aforesaid Lucius Roy Brininger, and it appearing that a lawful notice to the aforesaid de--
<br />fendants has been published as by law provided, and that good and lawful service by publication
<br />as by law provided, has been obtained.
<br />Now, therefore, it is ordered that the default of the defendants and each of them be en-
<br />tered herein anu that the facts statea in plaintiff's petition be taken as true, as against them
<br />and each of them,
<br />This cause coming on further for hearing was submitted to the court upon the pleadings
<br />and the evidence, and the court, upon consideration thereof, finds that the plaintiff and his
<br />grantors, anu those in privity with him, are now and have been for more than ten years last past,
<br />In actual, open, notorious, exclusive, visible and adverse possession of the following described
<br />real estate, situated in Grand Island, Hall County, Nebraska, to -wit;
<br />Fractional lot five (5) in fractional block twenty -one (21) of H. G. Clark's addition to
<br />Grand Island; fractional lot six (6) in block twenty -two (22) of Russel Wheeler's addition to
<br />
|