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<br />"Cl E E I RIM NINE Ws
<br />zL cRE E.: —
<br />BE IT REMEMBERED, THAT, on this 13th day of May, 1916, that being one of the days
<br />of the January Term 1916 of the District Court of the Eleventh Judicial District of the State of
<br />Nebraska, within and for the County of Hall, held at the Court House in the City of Grand Island,
<br />before Honorable James R. Hanna, one of the Judges of the said District, the following among
<br />other proceedings were had in the words and figures, following to -wit:
<br />IN THE DISTRICT COURT OF HALL COUbTY NEBRASKA.
<br />Edward H. Hostler and R. R. Horth,
<br />Executors of the last will and
<br />testament of Thomas Hostler, decId,
<br />Plaintiffs,
<br />-vs-
<br />August C.F.Wendt, Alberttine Wendt,
<br />Johanna Hostler, Thomas Hostler, Goldie
<br />Hostler, William Hostler, Ruth Hostler,
<br />Bertha Hostler, Margaret Hostler, Agnes
<br />Hostler, and Irene Hostler, and Peter
<br />Rademacher,
<br />Defendants.
<br />DE C RE E.
<br />Now on this 13th day of May, A.D.1916, this cause came on to be heard and the court having
<br />examined the files, finds that said defendants, and each and all of them, have been duly served
<br />with summons in this action, and the defendants, August C. F. Wendt, Alberttine Wendt. his wife,
<br />Johanna Hostler, Thomas Hostler, Goldie Hostler, William Hostler, Ruth Hostler, Bertha Hostler,
<br />and Peter Rademacher, and each of them, are in default for answer or other pleading, and the de-
<br />fault of said defendants, August C. F. Wendt, Alberttine Wendt, his wife, Johanna Hostler, Thomas
<br />Hostler, Goldie Hostler, William Hostler, Ruth Hostler, Bertha Hostler, and Peter Rademacher, and
<br />each of them, is duly taken and entered.
<br />And this cause coming on further to be heard upon thoetition of the plaintiffs, and the
<br />serer of J. L. Cleary, as guardian ad litem for Margaret Hostler, Agnes Hostler and Irene Hostler,
<br />minor defendants herein, and the testimony, including the testimony of the defendant, Peter Rade-
<br />macher, who was examined in open court, and the court being fully advised in the premises, finds,
<br />that tqe facts stated in plaintiffs' petition are true, and that plaintiffs are entitled to the
<br />relief therein prayed.
<br />The court further finds that on the 11th day of April, 1911, and for a long time prior t
<br />to, one Thomas Hostler, now deceased, was the owner in fee simple of the following described r
<br />estate eituate..in the County of Hall, and the State of Nebraska, to wit:
<br />The Southeast quarter of Section Number Four (4), in Township Number Eleven (11) North,
<br />Range Ten (10) West of the 6th P.M.; that on the 11th day of April, 1911, tl.e said Thomas Hostl
<br />now aeceased, and Johanna Hostler, his wife, and one of the defendants . herein, entered. into a
<br />written contract with the defendant August C. F. Wendt, for the gale of said real estate above
<br />described, for the sum of $12,800.00, and that there is still sue upon said contract of purchase
<br />from the said defendant August C. F. Wendt to the estate of the said Thomas Hostler, deceased, V
<br />full sum of $9,700.00, with interest thereon from the 11th day of October, 1915, at the rate of
<br />5j � per annum; that said written contract of sale of said premises between the said Thomas Host-
<br />ler and wife, and the defendant August C. F. Wendt, was on the 7th day of March, 1916, duly de-
<br />posited in the office of Register of Deeds of Hall County, Nebraska, for record, and was on said
<br />day duly recorded in Book If of Miscellaneous Records, at Page 231 of the Records of said office;
<br />that during his lifetime the said Thomas Hostler paid the $1,250.00 mortgage mentioned and refer-
<br />red to in said written contract, and caused the same to be satisfied of record, said $1,250 mort-
<br />gage being a balance due on a mortgage for $4,250.00 given by Alva B. Minor and wife,! and record-
<br />ed in Took 33 of Mortgages at Page 545 of the Mortgage Records of Hall County, Nebraska; that on
<br />or about the 16th day of May, 1915, the Thomas Hostler mentioned and described in said written
<br />contract, departed this life, testate, at his home in Hall County, Nebraska; that the last will
<br />and testament of the said Tilomas Hostler, deceased, was on the 16th day of June, 1915, duly prov-
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