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.
