The independent., 1903-05-21
TIFFANY's Sure Death 10
Doyle & Bcrgs Attorneys, BrownslI Block,
Lincoln, Seb.
NOTICE TO NONRESIDENT DEFENDANT
UNKNOWN HEIRS.
To Herman MopoLo, and the unknown heirs OF

AND hhNOH " HEIRS.
To Herman Monehu, and the unknown heirs OF
Sophia HcrHeT. deceased, defendants:
You nud each Of you, are hereby notified that
o. the "a day NJ April 1863, the plaintiff e led his
petition iu the District Court OF Lancaster
County Nrbraska, against Herman Moneka,
and the 0'hvf unknown heirs OF Sophia Herzer,
dtCsEsod snd the State OF Nebraska, alleging
that ever snrc the year 1879, he has boon the
owncr Of the south half 49, ~ OF the southwest
quarter <, W a Of section one ll In township
eight range 1--WE 81 Fast In Lauca.ter County
Nebraska aud still is the owner and in posses,
con Of aid PREMISES that dnring the year 1873,
b" purchased said real estate from the Chicago,
BIrlInRluu Quincy Railroad Company; that
during the yrar l'73. he married Sophia Herzer,
now deceased, and that Sal Sophia Herzer was
b., wife during the year 1878 when he pur.
C!.sssd sad real estate that prior to the pur-
chhIcU' said real estate, in consideration Of
"ovs and affection" he agreed with said
Sophia Her2"r that she should hold the naked
Of her lifetime, with the express understand
ing, however, that prior to hsr death, said
sophs Herzsr would convey tho legal titls to
said rcaI estate to the Dla intif, and that durir
al The tms that said Sophia Herzer should
hold said legal title that she should hold said
seal estate In trust fer the piaintif, and plain.
nf sl'g"s that said Sophia Herzsr agreed with
the plaintiff to so hold the title 10 said real e.-
hte, and upon the conditions alleged that
hefeupon this plaintiff caused the Chicago.
Burlington Quincy Railroad Com pany to exc
cntsa cchtract in writing TO said Sophia Her.
mr, ohIiEshns its.h to conway said premises by
warranty deNa to said Sophia Herzsr upon the
psynsnt OF tne purchase money OF said real es.
2ts
Plaintiff slleges in his petition that when he,
married said Sophia hcrzer she had no prop
e''' of h"r own exec pt only small sum in cash.
no part OF whirh was used for the purpose OF
Pfrhas,us said real estate; that lhe plaintiff
lImseli. personally paid all Of tho purchase
money Tor said real estate to the Chicago, Bur
.ngton4 Quincy Railroad Company on the 18th
cay Oh March 'S't, and at said time said Rail
,ad premises to said Sophia Herzer, which
G'eH Gp'eH wa' ed for record in the Office Of the
Register O' Deeds in Lancaster County, Ne
ms''s on tho 9TH day Of July 1885, at 80 p. m.
ana recorded In Book q OF Deeds at page 216;
that ga Sophia Herzer died In Lancsstsr
|o1nty, Nehrnska on the-dsy of--lS8S
int'''a%, and without issue, ard that the only
sslfs At law was the defendant, Herman
NohsFa Whois a brother OF said Sophia HerEer
frHdnR IL Germany, and that IL there are any
"sht' heirs N said Sophia Herzsr that their
an" snd rcsldsnces are unkn own to the plain
In, and a.'o that the name and residence OF
herman M"Reka, the above named defendant
@uhtn"wh 10 the J aintif, and that lie Is not
ISh jlRi Herman MOneka is the correct
name name % lLe brother of said Sophia Herzsr. but
l' a" has mhde diligeut search for Herman
1oh'ta tni the other unknown heirs OF Her
wsh Aon"IN and he has been unable to learn
'u' '''F names or their residences, and that
,l NJ, nal" s""vn to him at this time; that he
Wv, ~ b Nv whether the father and mother
"i N"'ha Hsrzer are living, and does not
I.' IA'f '"~'drnces although he has made
'N' search to learn their names and resi-
3"' IT. upt he has failed to learn either,
"F'" 'h"r names aud residences are uu-
'',F &c. =. 'r,nlnuf
"'' ID 'nreN years prior to the death os
20, ~ I'rzer she was mss n" and incapa-
a. "a conveyance ~ said promises to
lA'ttH tUi tEat brFHuse G said insanity