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MA <br />MAU <br />was instructed by said plaintiff at, said time, to bid upon and purchase said real estate situate <br />In Hall count,y,Nebraska, for said plaintiff, and that plaintiff furnished him with the money and <br />credits with which to purchase the same, and that he, the said John Barrett, did purchase said <br />real estate at said sale on behalf of plaintiff ana with the moneys and credits furnished by her <br />therefor, but that he took title to said premises in his own name, contrary to his trust and the <br />instructions of said plaintiff, and that said purchase of said real estate was, in fact and in <br />law, made by said John Barrett for and on behalf of said plaintiff, and that she was, when said <br />purchase was made, and still is the owner of the same; that she furnished the money and credits <br />with which to purenase and pay for said real estate at said referee's sale, and that the said John <br />Barrett and Minnie Barrett, his wife, have no right, title, interest, claim or demand in and to <br />said premises, but that said John Barrett holds the legal title thereto for the sole use and bene- <br />fit of said plaintiff, and not otherwise; that said referee's deed issued to and in the name of <br />said John Barrett for said real estate above described in Hall county, Nebraska, and which is re- <br />corded in Book 49 Of Deeds, at Page 543, of the records of Hall county, Nebraska, was in truth and <br />fact a conveyance of said property on behalf of, and for the use and benefit of said Minnie J. <br />Gorman, plaintiff herein, and not for the said John Barrett, named as grantee in said deed, and <br />that said John Barrett holds said title solely for the said plaintiff and for her use and benefit, <br />and that she is the real and sole owner thereof, and that she is, and since said sale has been, in <br />possession of said premises so purchased for and by her, and is entitled to a decree quieting the <br />title of said premises in her, as prayed in her said petition. <br />The court further finds that the said defendants, Paul Ronald Gorman, Myrtle Eunice Belknap, <br />Edith Isabella Gorman, Inez Circassice Gorman, Guy William Gorman, Byron Floyd Gorman, Frank Arth -r <br />ur Gorman, Roy Barrett Gorman, Elmer Ellsworth Gorman, and George Gordon Gorman, are the children, <br />and together with said ilaintiff are tree only heirs at law of said Daniel B. Gorman, deceased; <br />:that they were all parties plaintiff or defendant in said action brought for the partition of said <br />above aescribea premises in Hall county, Nebraska, and the plaintiff herein having been the real <br />purchaser of the real estate herein described at said referee's sale, instead of the defendant John) <br />Parrett, to whom said referee's deed was issued, that said partition proceedings were legal and <br />regular in all respects, and triat said district court of'Platte county, Nebraska, had jurisdiction] <br />over all of said parties and of the subject matter in said proceedings, which resulted in the sale <br />of said premises, and in the issuance of said referee's deed above described, and that the interest <br />and title of said above - nam.ed children and Heirs -at law in and to said premises and real estate in <br />Hall county, Nebraska, and of all of them, was duly sold, conveyed and transferred and wholly ex- <br />tinguished by said proceedings and sale, and that none of said above -named children of said deceas- <br />ed have any interest, right or title in and to said premises and real estate in Hall county, Neb- <br />raska, nor has the said defendant, Oscar Belknap, husband of said Myrtle Eunice Belknap, any in- <br />terest, right or title therein, and that said plaintiff is entitled to a decree against all of saic <br />defendants, quieting; the title of said premises in her, as prayed in her said petition. <br />It is,therefore, 'by tree court adjudged, decreed and considered that the said defendant John <br />'Barrett purchased said premises, to -wit: the Northeast quarter of Section Teri (10), in Township <br />.Fleven (11), North of Range Eleven (11), West of the 6th P.M., in Hall county, Nebraska, at said <br />referee's sale, for the sole use and benefit of said plaintiff, and that he has no right, title, <br />.interest, claim or aemand in and to said premises or any part thereof, nor did he acquire any right <br />title, interest, claim or demand in came from his purchase of same at said sale, nor by virtue of <br />said referee's deed issued to him thereunder, nor did the fact that he purchased said premises at <br />;said sale, and had same conveyed to him, in any way prejudice the legality of said proceeding and <br />]sale by said referee of said premises, but that said proceedings and sale were regular in all res- <br />pects, except that said purchase was made by said John Barrett for and on behalf of said plaintiff', <br />1 <br />1 <br />1 <br />L] <br />