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About The courier. (Lincoln, Neb.) 1894-1903 | View Entire Issue (Feb. 16, 1895)
u THE COURIER G. M. LAMBERTSON, Att r- t Law, BCRB BLOCK. LEGAL NOTICE. First Publication, Feb. 16. To John Warner, Frank W. Lewis, John Frain, Abbie H. 'oleott, John S. Gregory, E. Mary Gregory, Lizzie H. E. Wilkins. Egbert Starr, trustee,. A. Stone and Fred O. Ellis. You xind each of you arc hereby noti fied that on the 4th day of December, 1S91, Silas II. Burnham, trustee, as plaintiff, began an action against you and other defendants in the dUtiict court jf Lancaster County, Nebraska. Plaintiff in his petition alleges that on or about the 7th day of August, A. D., 1893, James H. McMurtry and Amanda E. McMurtry executed and delivered to SiluB U. Burnham, trustee for the American Exchange National Bank, certain warranty deeds for the following described property, to-wit: Lot No. 36 in the southeast quarter of section 30, township 10 north, range ti past of the 6th principal meridian; also lot 2 except 25 .by 42 feet in the northeast corner in block T of McMurtry s addition to Lin coln, Nebraska; also lot 3 and the west 33 feet of lot G in block 2, McMurtry's addition to the city of Lincoln, Nebras ka; also lots B, 0, D and E in McMur try's subdivision of block 1 in McMur try's addition to Lincoln, and the west half of the south 132 feet of lot 1 and the east 11 feet of the south 132 feet of lot 2 in block 1, McMurtry 's Addition to the city of Lincoln, Nebraska; also lot 10 in block 4, .McMurtry's addition to Lincoln, Nebraska; also lot 10 in block 2, McMurtry's addition to Lincoln, Nebraska. All of said premises and other proper ty conveyed by said deeds and other property described in the petition of rlaintiff is situated in the county of Lancaster and state of Nebraska. Said deeds were absolute in form, but were intended by both the said Silas H. Burnham and the said James II. Mc Murtry and Amanda E. McMurtry, to stand as security for an indebtedness due, and notes executed to the Ameri can Exchange National Bank of Lin coln, Nebraska; aa was evidenced by an agreement made and entered into on said 9th day of August, 1893, at the time said deeds were executed by James II. Murtry and Joseph R. Webster, part ies of the first part, and Silas II. Burn ham, party of the second part, whereby it was stipulated that said deeds were in fact only mortgages and given to secure the payment of indebtedness due said bank. The object of Eaid action is to uave the court degree that said deeds and in struments, though absolute iu form, are in fact mortgages, and to foreclose said mortgages on the land described above, and other property described in the said deeds and plaintifTs petition. The further object of said action is to have the court reform said deeds and correct the misdescriptions of said prop erty, in order to carry out and effect the agreement and understanding entered into between the parties to aid instru ments. Said deeds, instruments and mort gages were given by the said James II. McMurty nd Amanda E. McMurtry to secure the payment of the following promissory notes given to the American Exchange National Bank, viz: One of James H. McMurtry and D. T. Coffman. for the sum of 81450, on which there is now due the sum of S1450 with 10 per cent interest from January 19, 1891. One of C. E. Loomis and James H. McMurtry for the sum of 8900.00 on which there is now due the sum of 8900.00 ana interest at the rato of 10 per cent per annum from the 3rd day of May, 189L One of John-S. Gregory and James H. McMurtry .for the-eum: of 81875.00 on which. there is now 'due the"Bum of 81875.00 and interest at 10 toer cent per annum from-the 3rd day bf-Majyl894. One of D. B. Howard and James II. McMurtry, for the sum oV 8600.CO on wMh there is now duo the sum of 860000 and interest at 10 per cent per annum from April 12, 1894. One of G. B. Skinner and James H. McMuitry for the sm of 81000.00 on which there is now due the sum of 81000 00 with interest at 10 per cent per anuum from the 12th day of April, 1894. One of G. B. Skinner and James H. McMurtry for the sum of 8800.00 on which there is now due the sum of 8800. with 10 per cent interest from the 16th day of April, 1894. One of James McMurtry for the sum of 89000.00 on which there is now due the sum of 89,000. and interest at 10 per cent per annum from the 9th day of April, 1894. One of James H. McMurtry for the sum of 810,000.00 on which there is now due the sum of 810,000 with ten per cent interest from the 9th day of April, 1894. One of J. R. Webster and James H. McMurtry for the. sum of 85,350.00 on which there is now duo the sum of 85,350. with 10 per cent interest from the 14th day of May, 1894. One of O. P. Davis and James H. Mc Murtry for the sum of $500.00 on which there is now due the Bum of 8500, with 10 per cent interest from the 19th day of June, 1894. One of Alexander Hogeland and James H. McMurtry for the sum of 8300.00 on which there is now due the sum of 8200.00 with 10 per cent interest from the 14th day of June, 1894. And one of R. Munford and J. H. Mc Murtry for the sum of 8150.00 on which there is now due the sum of 8150.00 with 10 per cent interest from July '30, 1894 Plaintiff prays for a decree of fore closure and the sale of said land to sat isfy said liens aforesaid and for a de ficiency judgment and general relief. You are required to answer this peti tion on or before the 25th day of March, 1895. Silas II. Born-ham, Trustee. Plaintiff. By G. M. Lambertson, attorney. First Publication January 26. NO ICE OF INCORPORATION of the Globe Clothing Company. The name of this corporation bhall be' the Globe Clothing Company. The principal place for tho transact ion of its business shall be the City of Lincoln, Lancaster County, Nebraska. The general nature of the business to bo transacted shall be that of purchas ing and selling at retail and wholesale of clothing mens furnishings, hats, caps, trunks and valises and such other goods and merchandise thereto pertaining. The amount of capital stock author ized by said corporation shall be thirty thousand (810.000.) dollars, all of which shall bo paid up in full on or before the 1st day of February A. D. 1895, the whole of said capital stock 6hall be paid in into said corporation by said day. The highest amount of indebtedness or liabilities to which this corporation shall subject itself at any one time 6hall not exceed one half (J) of the amount of capi'al stock paid in. The affairs of saiu corporation shall be conducted by a board of directors not less than two in number to be elected by the stockholders, a President, a Secre tary, Treasurer and a general manager. POUND & BURR. Aitirneyt at Law. bcbb block. Notice of sale under chattel 3iobtgaob. First Publication Jan. 26. Notice is hereby given that by virtue of a chattel mortgage, dated January 24 1995, and duly filed in the office of the County Clerk of Lancaster County, Nebraska, on said 24th day of January 1895, and executed by Dean & Horton to the Merchants Bank of Lincoln, Neb raska to secure the payment of promiss ory notes to the amount of 810,000.00 upon which there is now due the sum of 8104250.00 and as default has been made in the payment of said sum due; and no suit or other proceeding at law having been instituted to recover said debt or any part thereof. Now therefore I will sell the property therein described to-wit; One frame building situated on block seventy three (73) of said City of Lincoln which is between fifth (5th) and sixth (Gth)streel and M and N streets in said City and known as the Dean and Horton warehouse, one frame building situated on the State Fair Grounds, about one and one half miles northeast of said city which building is know a aB the Dean &, Horton exhibition building, one bay horee nine (9) years old, one bay mare three (3) years old, each weighing about 1200 pounds, each of which were recent ly purchased of E. Taylor; at public auction at the place of business of said Dean & Horton, number 1450 O streeet Lincoln Nebraska on the 13th day of February, 1895, at 9 o'clock a. m. of said day. Merchants bank, Morgagee. Dated January 24. 1895. FRED A. MILLER, Pound & Burr, Sheriff. Attorneys. POUND &. BURR, Attornefs at Law. burn block. NOTICE TO MOM-RESIDENT DEFENDANT. First Publication January 26. In the District Court of Lancaster County, Nebraska. Alexander Lederer et. al. vs Walter G. Bobanan et. al. NOTICE. Daniel Maurer, non resident defen dant, will take notice that on the 3lst day of October, 1891, Alexander Leder er & Moses Strauss, plaintiffs herein tiled their petition in the district court of Lancaster county, Nebraska, against said defendants impleaded with others, the object and prajer of which are to foreclose a certain mortgage executed by the defendants, Walter G. Bohanan and Maggie A Bobanan, upon lot two (2) in block three (3) in the city of Lincoln in said county to secure the payment of certain note and coupons executed by said Bobanan upon which there is now due the sum of 81218, and interest at ten percent from the first day ot September, 1894. Plaintiffs pray for a decree that said mortgage be declared a first and prior lien npon said premises; that de fendants be required to pay the same; that premises be sold to satisfy the the amount due tho plaintiffs; that the defendants and each of them be barred of all right or interest in said premises, and for general relief. You are required to answer said peti tion on or before the 4th day of March, 1895. Alexander Lederer & Moses Strauss By Pound 4 Burr, their attorneys.
