The courier. (Lincoln, Neb.) 1894-1903, 1895-03-16
G. M. LAMBERTSON,
M,rr y..t-Ldw,
BURR BLOCK.
LEGAL NOTICE,
First Publication, Feb. q

Frain, Abbie II. Wolcott, John S.
Gregory, +. Mary Gregory, Lizzie III.
f.. Wilkins, Egbert Starr, trustee, A.
Stone and Fred o. Ellis.
You and each OF you are hereby mott
fed that on the 4th day of December,
1894, Silas II. Burnham, trustee, as
plaintiff, began an action against you
and other defendants i'm the district
court IF Lancaster County, Nebraska.
Plaintiff in his petition alleges that on
or about the 18th day of August, A. D.,
1893, James III. McMurtry and Amanda
Il. McMurtry executed and delivered to
Silas IL. 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 Z east Of the
9th principal meridian; also lot 2 except
% by AZ feet in the northeast corner in
block of McMurtry's addition to Lin
coin. 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, G, ID and E in McMur-
try's subdivision of block in McMur-
try's addition to Lincoln, and the west
half of the south 132 feet of lot l and
the east IL feet of the south I'D feet of
lot in block l, McMurtrys 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'E addition to Lin colin,
Nebraska.
All of said premises and other proper
ty conveyed by said deeds and other
property described in the petition of
Plaintiff 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 III. Nc
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
coin, Nebraska. as was evidenced by an
agreement made and entered into on
said 18th day of August, 1893, at the
time said deeds were executed by James
II. Murtry and Joseph r. Webster, part
les of the first part. and Silas H. 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
Inc ODleCU Oh SdlO action Is 10 rave
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 plaintiffs 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 said instru-
ments.
Said deeds. instruments and mort
cages were given by the said James III.
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 II. McMurtry and ID. I. Coffman.
for the sum of s1450. on which there is
now due the sum of $3.50 with 10 per