The courier. (Lincoln, Neb.) 1894-1903, 1895-02-23
G.. Nj. LAMBERTSON.
Afforry.af-Ldw.
BURR BLOCK.
LEGAL NOTICE.
FIRST Publication. Feb. 23.

Frain, Abbie II. wolcott, John S.
Gregory. +. Mary Gregory, Lizzie III.
T.. Wilkins. Egbe ri Starr trustee, A.
Stone and Fred o. Ellis.
You and each OF you are hereby mott
fled that on the 4th day OF December,
1894, Silas III. 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 9TH day Of August, A. d.,
1893, James III. McMurtry and Amanda
+. McMurtry executed and delivered to
Silas III. Burnham, trustee for the
American Exchange National Bank,
certain warranty deeds for the following
described property, towit: Lot No. &c
in the southeast quarter of section 30,
township 10 north. range east of the
9th principal meridian; also lot 2 except
% by A. 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 >, McMurtry's
addition to the city OF Lincoln, Nebras-
ka; also lots b, G, ID and f in McMur-
try's subdivision of block in McMur
try's addition to Lincoln. and the west
half of the south I'D feet OF lot and
the east ii feet of the south I'D feet of
lot 2 in block l, McMurtryis Addition to
the city of Lincoln, Nebraska; also lot
10 in block 4. McMurtry's addition to
Lincoln. Nebraska; also lot 10 in block
=, McMurtry's 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 II.
Burnham and the said James II. Nc.
Murtry and Amanda f. 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 eth 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 HI. Burn
ham, party of the second part, whereby
it was stipulated that said deeds were i'm
fact only mortgages and given to secure
the payment Of indebtedness due said
bank.
The object of said action is to lave
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 HI.
McMurty and Amanda f. McMurtry to
secure the payment of the following
promissory notes given to the American
Exchange National Bank. viz: One If
James H. McMurtry and ID. T. Coffman.
for the sum of sl45O. on which there is
now due the sum of $3.50 with 10 per
cent interest from January 10. 1894.