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About The courier. (Lincoln, Neb.) 1894-1903 | View Entire Issue (Feb. 23, 1895)
in 14 THE COURIER G. M. LAMBERTSON, Attorn 'it-Law, iiumi HLOCK. LEGAL NOTICE. First Publication, Feb. 23. To John Warner, Frank W. Lewis, John Frain, Abbio II. Volcott, John S. Gregory, E. Mary Gregory, Lizzie II. E. Wilkins, Exhort Starr, trustee, A. Stone ami Freil O. Ellis. You and each of you are hereby noti fied that on the 4th day of December, 1891, Silas II. Burnham, trustee, as plaintiff, began an action against you and other defendants in the district court af Lancaster County, Nebraska. Plaintiff in his petition alleges that on or about the 7th day of August, A. D., 1893. James II. McMurtry and Amanda E. McMurtry executed and delivered to Silas II. Burnham, trustee for the American Exchange National Bank, certain warranty deeds for the following described property, to-wit: Lot No. 3G in the southeast quarter of section 30, township 10 north, range 7 past of the Gth principal meridian; also lot 2 except 25 .by 42 feet in the northeast corner in block 2 of McMurtry "s addition to Lin coln, Nebraska; also lot 3 and the west 33 foot of lot 6 in block 2, McMurtry's addition to the city of Lincoln, Nebras ka; also lots B, C, 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, as was evidenced by an agreement made and entered into on said 7th day of August, 1S93, 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 6aid deeds were in fact only mortgages and given to securo the payment of indebtedness due said bank. The object of said action is to 'ave the court decree that said deeds ard in struments, though absolute in form, are in fact mortgages, and to foreclose said mortgages on the land described above, and other property described in the said deeds and plaintiff's 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 paid instru ments. Said deeds, instruments and mort gages were given by the said James II. McMurty and Amanda E. McMurtry to secure the payment of the following promissory notes given to the American Exchange National Bank, viz: One jf James II. McMurtry and D. T. Coffman, for the sum of $1450, on which there is now due the sum of 81450 with 10 per cent interest from January 10. 1894. One of C. E. Loomis and James II. McMurtry for the sum of $900.00 on which there is now due the sum of S900.00 and interest at the rate of 10 per cent per annum from the 3rd dav of May, 1894. One of John S. Gregory and James H. McMurtry for the sum of 81875.00 on which thero is now due the sum of 1875.00 and interest at 10 per cent per annum from the 3rd day of May, 1894. One of D. B. Howard and James H. McMurtry for the sum of 8000.00 on which there is now duo the sum of $000.00 and interest at 10 per cent per annum from April 12,1894. One of G. B. Skinner and James H. McMurtry for the sum of 81000.00 on which there is now duo the sum of $1000.00 with interest at 10 per cent per annum from the 12th day of April, 1894. One of G. B. Skinner and James II. McMurtry for the sum of 8800.00 on which there is now due the sum of 8S00. with 10 per cent interest from the 16th day of April, 1894. One of James McMurtry for the sum of $9000.00 on which there is now due the sum of $9,000. and interest at 10 per cent per annum from the 9th day of April, 1894. One of James II. McMurtry for tho sum of 810,000.00 on which there is now duo 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 due 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 tho sum of 8500.00 on which there is now due the sum of 8500, with 10 per cent interest from the 19th day of June, 1894. One of Alexander Hogeland and James H. McMurtry for tho sum of 8200.00 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 thero is now duo the sum of 8150.00 with 10 per cent interest from July 30, 1S94. 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 1st day of April 1S95. Silas H. Burnham, Trustee, Plaintiff. By G. M. Lambertson, attorney. First Publication January 2G. NO ICE OF INCORPORATION of the Globe Clothino Company. The name of this corporation shall be the Globe Clothing Company. The principal place for the transact ion of its business shall be tho City of Lincoln, Lancaster County, Nebraska. The general nature of the business to be 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 bv said corporation shall bo thirty thousand 8")0,000.) dollars, all of which shall be paid up in full on or before the 1st day of February A. D. 1895, the whole of said capital stock shall bo 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 shall not exceed one half () of the amount of capital stock paid in. Tho affairs of said corporation shall be conducted by a board of directors not less than two in number to be elected by tho stockholders, a President, a Secre tary, Treasurer and a general manager. POUND &BURR. Attorneys at Law. nuRit HLOCK. Notice op sale under chattel moutgac.r. First Publication Jan. 2G. 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 SIO.OOO.OO upon which there is now due the sum of 810,250.00 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 6ixth (Gth) street and M and N streets in said City and known as the Dean and Horton ware house, one frame building situated on the State Fair Grounds, about one and one half miles northeast of said city which building is known as the Dean it Horton exhibition building, one bay horse 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, Attorneys at Law. BURR block. NOTICE TO NON-RESIDENT DEFENDANT. First Publication January 2G. In the District Court of Lancaster County, Nebraska. Alexander Lederer et. al. vs Walter G. Bohanan et. al. NOTICE. Daniel Maurer, non-resident defen dant, will take notice that on the 3 1st day of October, 1894, 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 prayer of which are to foreclose a certain mortgage executed by the defendants, Walter G. Bohanan and Maggie A. Bohanan, upon lot two (2) in block three (3) in tho city of Lincoln in said county to secure the payment of certain note and coupons executed by said Bohanan upon which there is now duo the sum of $1218, 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 bo required to pay the same; that premises be sold to satisfy the the amount due the 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 & Burr, their attorneys.