84005741 - Laserfiche WebLink

Browse

r- I RLl _ l\l\i::I"1,1 i V-E 4 VUt.J, 'J..l. AFFIDAVIT STATE OF NEBFyEKA S5. COUNT? OF HALL B.. J ~ CtJNNINGHAM, JR. _. being fi1:-st duly sworn on oath, deposes and states as follows: 1. That Affiant has p~acticed law in Hall COllilty, Nebraska, for more than thirty (30) years and was one of the attorneys of record in the action filed in the District Court of Hall County, Nebraska, entitled Carstenson v. Weinrich, et al., Case No. 15640, in which Plaintiff, Carstenson, claimed ownership of the following described real property by reason of a Survivorship .-Jarranty Deed from Loyal H. Denman and Mayme E. Denman, husband and wife, dated DeCGwtber 5 t 1961" &.H1 . -.,-::orded in Book: 13'6 at Page _~ of the Deed Re~ords of "-.~:'. County, Nebraska:--- A tract af land consisting of a part af the Saucheast Quarter (SE\() of Section Twenty-Nine (29), Township Ten (10) North, Range Ten (10) West of the 6th P.M~, Hall County, Nebraska, and more particularly describe,d as follows: Beginninq at the South\'1est corner of said Southeast Quarter (SE~); thence running Northerly along the West line of said Southeast Quarter (SE~) a distance of One Thousand Seven Hundred Ninety-Six and Eight Tenths (1,796.8) feet to the Southerly right-of-way line of the Interstate Highway, thence running Northeasterly :long said ~ight-cf~way a distance .of Five H~,drad Thirty-Six and Six Tenths (536.6) feet, thence deflect- ing right 19058' and running Easterly a distance of Four Hundred Thirty-Six and Qn-e Tenth (436.1) feet, thence deflecting right 90000' and runningSautherly and oarallel to the West line of said Southeast Quarter (SE~) a distance of One Thousand Six Hundred Sixty-Six and Five Tenths (1,666.50) feet to the North Bank of the Platte River; thence running Southwesterly a dis- tance of ~ine Hundred Ninety-One and Three Tenths (991. 30) feet to the point of beginning and contain- ing 38.303 acres more or less, and prayed that the Court find Plaintiff was the owner of the above described property together with accretion lands thereto containing approximately 13.5 acres more or less, and further that title to said accretion land be quieted in Plaintiff as against all other Defendants, that in a Judgment entered bv the District Court of Hall County, Nebraska, on or about August~30, 1967, the title to the above described 13.5 acres of accretion lands lying south of Plaintiff's described tract was quieted in the Defendant Bernice 1'leinrich, now deceased. 2. That the decision of the District Court of Hall COunty, Nebraska, was appealed by Plaintiff to the Supreme Court of the State of Nebraska, Case No. 36845, which Court affirmed the deci- sion of the District Court and determined that said 13.5 acre tract was fenced on three sides and opened and formed a part of other property that the Defendant .'leinrich family owned to the east of Plaintiff's described tract, and further quieted the title to said disputed accretion land containing 13. ') acres more or less in the DefendatJ.t Bernice ~~einrich; that a certified C0PY' of 8iJ,id Supreme Court's Opinion reported in VolQ~ 183 at Page 821 of the Nebraska Supreme Court Reports, is hereto attached marked Exhibi t "A" and made a part hereof. having been decided February I, 1'169.