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,4R0 evidence, upon consideration whereof, the Court finds that on or about the 15th day of January, 1919, the plaintiff and Frank Bverist, one of the defendants herein, entered into an agreement and by which the said Frank Everist agreed to convey to the plaintiff her%kn' certain real estate in Colorado in exchange for certain real estate and personal property owned by the plaintiff in Hall County. - Nebraska, ;. that in accordance with said agreement, the plaintiff herein and Frank Everist, defendant, entered into a contract on January 15,1919, whereby and under the terms where of$ the said Frank Everist agreed to transfer to the plaintiff herein the following described pr to -wit :. The South half (S *) of the South half (SJ) of Section One (1), and the -East half (E *) of the North -east Quarter (DiB), of Section Twelve (12), Township Thirty. -five (35 ), North, Range Eight (8). East N.M. , together With all water rights thereto belonging, subject to an indebted- ness of not to exceed $12.000.00. which indebtedness, the plaintiff agreed to assume..Said contra( last above referred to further provided that the plaintiff herein would transfer to said Frank Everist certain real estate, goods and chattels, as hereinafter found, subject to an indebtedness not to exceed $5000.00. The contract last above referred to further provided that both parties thereto would furnish to the other party. abstracts of title showing the property to be as stated', as provided under the terms of said contrast, a copy whereof is attached to, plaintiff's petition and described thereAn and referred to as Exhibit "A" and made a part thereof. The Court further finds that on January 15,1919, the plaintiff herein executed a bill of sale whereby said plaintiff conveyed everything belonging and pertaining to the property of every nat and to the running and operating of the Home Dairy at Grand Island, Nebraska, a copy of said bill of sale being attached to the plaintiff's petition, marked Exhibit "B" and made a part thereof. The Court further finds that Exhibit "B" purports to show a sale of the following described property, to -wit: hot Four (4), Block Forty -one (41), Original Town, now City of Grand Island, Nebraska. The Court further finds that it was agreed between the plaintiff herein and the said defendant Everist that Exhibits "A" and ]exhibit "B" above referred to, should be treated as one contract be- tween the parties hereto. The Court further finds that the said Frank Everist has caused the name of Wm. F.Everist to be inserted as Grantee and vendee in the bill of sale herein before referred to as fthibit "B "; that the said defendant Frank Everist has fraudently and without authority filed a cepy of Exhibit "B" in the office of the County, Clerk of Hall County, Nebraska on or about the 24th day of February, 1919 without filing therewith Exhibit "A" or a copy thereof. And the defendants herein by virtue of said bill of sale pretend to be the owners of the property therein described and itemized, and are attempting to dispose of said property by virtue thereof. The Court further finds that on the 24th day of February.,1919,, the defendants herein frauden and without authority recorded a copy of said Exhibit "A" and "B" in the office of the Register of Deeds, 'Hall County,, Nebraska, in Book Y. Page 442, Miscellaneous Reeord,,,of said County. The Court further finds that the plaintiff herein was and at all times herein mentioned hao. been ready, willing and able to perform his part of the contract to be performed, and that before the lot day of Xurchgl919„ furnished the defendants an abettract of title to said Lot Your' (4)„ Block Forty -one (41), Original Town, now City of Grt.nd Island, Nebraska, and tendered to the de- i fendants deed and abstract thereto; that the defendant herein., Frank Everist, has refused to per - form his part of the contract to be performed; and that by reason of the defendants failure to perform his part of the contract, there now remains a cloud upon the title to the property des- cribed in Exhibit "B!' belonging to the plaintiff hereiii, and that the defendants herein claim to have some right, lien or interest in, to or upon the property of the plaintiff, and that said plaintiff is entitled to a decree confirming the title of said property in him as against all It r see, H n 1