THE COURIER
13
G. M. LAMBERTSON,
Attont y.it-Law,
HUBK BLOCK.
LEGAL NOTICE.
First Publication, Feb. 23.
To John Warner, Frank W. LowiB, John
Frain, Abbio H. yolcott, John S.
Gregory, E. Alary Gregory, Lizzie H.
E. Wilkins, Egbert Starr, trustee, A.
Stone anil Fred O. Ellis.
You and each of you are hereby noti
fied that on the 4th day of December,
1894, Silas II. Burnham, trustee, as
plaintiff, began an action against you
and other defendants in the district
court jf Lancaster County, Nebraska.
Plaintiff in his petition alleges that on
or about the 7th day of August, A. D.,
189.1, James H. McMurtry and Amanda
E. McMurtry executed and delivered to
Silas H. Burnham, trustee for the
American Exchange National Bank,
certain warranty deeds for the following
described property, to-wit: Lot No. 30
in the southeast quarter of section .10,
township 10 north, range 7 east of tho
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 feet 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 tho south 132 feet of lot 1 and
tho 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 tho petition of
flaintiff 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 II.
Burnham and tho said James H. 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, 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 tho 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 said action is to have
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 tho court reform said deeds and
correct tho misdescriptions of said prop
erty, in order to carry out and effect the
agreement and understanding entered
into between tho parties to paid instru
ments. Said deeds, instruments and mort
gages were given by the 6aid James H.
McMurty and 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 1450 with 10 per
cent interest from January 19, 1894.
One of C. E. Loomis and James II.
McMurtry for tho sum of $900.00 on
which there is now due tho sum of
8900.00 and interest at the rato of 10 per
cent per annum from the 3rd day of
May, 1894.
Ono of John S. Gregory and JamesII.
McMurtry for tho sum of 81S75.00 on
which thero is now duo the sum of
81875.00 and interest at 10 per cent per
annum from tho 3rd day of May, 189-4.
Ono of D. B. Howard and James II.
McMurtry for tho sum of 8G00.00 on
which there is now duo tho sum of
8000.00 and interest at 10 per cont per
annum from April 12,1894.
Ono of G. B. Skinner and James II.
McMurtry for tho sum of 81000.00 on
which there is now duo the sum of
81000.00 with interest at 10 per cent per
annum from tho 12th day of April, 1894.
Ono of G. B. Skinner and James II.
McMurtry for tho sum of 8800.00 on
which there is now duo tho sum of
8800. with 10 per cent interest from tho
lGth day of April. 1894.
One of James McMurtry for tho sum
of 89000.00 on which thero is now due
tho sum of 89,000. and interest at 10 per
cent per annum from tho 9th day of
April, 1894.
One of James II. McMurtry for the
sum of 810,000.00 on which thero is now
duo tho sum of 810,000 with ten per cent
interest from tho 9th day of April, 1894.
One of J. R. Webster and James II.
McMurtry for tho sum of 85,.'50.00 on
which thero is now due the sum of
83,350. with 10 per cent interest from
the 14th day of May, 1894.
Ono of O. P. Davis and James II. Mc
Murtry for tho sum of 8500.00 on which
thero is now duo tho sum of S500, with
10 per cent interest from tho 19th day
of June, 1894.
Ono of Alexander Hogeland and
James K. McMurtry for tho sum of
8200.00 on which thero is now duo tho
sum of 8200.00 with 10 per cent interest
from tho 14th day of June, 1894.
And one of R. Munford and J. II. Mc
Murtry for tho sum of 8150.00 on which
there is now duo tho sum of 8150.00
with 10 per cent interest from July .'JO,
1891.
Plaintiff prays for a decree of fore
closure and the sale of said land to sat
isfy said liens aforesaid and for a do
Hcioney judgment and general relief.
You aro required to answer this peti
tion on or before tho 1st day of April
1893.
Silas II. Buk.nham, Tnfttco.
PlaintifL
By G. M. Lambcrtson, attornoy.
BROWN & LEESE
Attorneys at Law.
SHERIFFS SALE.
First Publication March 2
Notico is hereby given, that by virtue
of an order of sale issued by tho clerk of
tho district court tho third ju
dicial district of Nebraska, within
and for Lancaster County, in an
action wherein Tho Ballon Stato Bank
ing Company is plaintiff, and F. A.
Chapman et al aro defendants.
I will, at two o'clock P. M., on tho 2nd
day of April A. D. 1895, at tho east door
of tho court house in tho city of Lin
coin, Lancaster county, Nebraska, offer
for sale at public auction tho following
described real estate, to-wit:
Lot number three (3) in block number
four (4) in W. G. floutz's Addition to
Lincoln, Lancaster county, Nebraska.
Given under my hand this 1st day of
March, A. D., 1895.
FRED A. MILLER.
Sheriff.
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