The independent., 1903-05-28
Doyle g. Bergs Attorneys, Brownell Block,
Lincoln, Nsb.
NOTICE TO NONRESIDENT DEFENDANT
AND UNKNOWN HEIRS.

Lincoln, NOD
NOTICE TO NONRESIDENT DEFENDANT
AND UNKNOWN HEIRS.
70 Herman Moneka, and the unknown heirs OF
Sophia HerZer, deceased, defendants:
You. and each of you, are hereby notified that
on the I'd day Of April 1903 the plaintiff filed his
petition in the District Court OF Lancaster
County, Nebraska, against Herman Moneka,
and the other unknown heirs Of Sophia Herzer,
deceased, and the State OF Nebraska, alleging
that ever since the year 1879, he has been the
owner of the south half IS. ~ OF the southwest
quarter Is. w. ~ Of section one ~ in township
eight 80 range Ave f5) East in Lancaster County
Nebraska, and still is the owner and in posses
sion of said premises; that during the year 1878,
he purchased said real estate from the Chicago,
Burlington Quincy Railroad Company; that
during tho year 1873 he married Sophia Herzer,
now deceased, and that said Sophia Herzer was
his wife during the year 1873, when he pur-
chase OF said real estate. in consideration OF
love and affection" he agreed with said
Sophia Herzer that she should hold the naked
legal title to said real estate, during the term
ing, however, that prior to her death, said
Sophia Herzer would convey the legal title to
said real estate to the plaintiff, and that duri,,g
all ct the time th1s said sophia he5zer a Should
seal estate in trust for the plaintiff, and plain
tiff alleges that said Sophia Herzer agreed with
the plaintiff to SO hold the title to said real
tate, and upon the conditions alleged; that
thereupon this plaintiff caused the Chicago
Burlington & Quincy Railroad Compa to exe-
cute a contract in writing to said Sophia Her.
zer, obligating itself to convey said premises BY
warranty deed to said Sophia Herzsr uren the
tate. . l''1' u ''' - ''"'' '0'' . - e"' 80
Plaintiff alleges in lis petition that when he.
married said Sophia Herzer she had no prop
erty of her own except ouly small sum in cash.
part of which was used for the purpose OF
Purchasing said-real estate: that tho plaintiff.
himself. personally. paid all of the purchase
F,u 81 pknka fSNf fl,af hfnar
.ington & Quincy Railroad Com pany on the 1Stil
day of March 1874, and at said time said Rail.
road Company, by warranty deed, conveyed
said premises to said Sophia Herzer, which
Register of Deeds in Lancaster County, Ne.
braska, on the eth day of July 1885, at :31 p. m.
and recorded in Book q Of Deeds at page 2l6;
that said Sophia Herzer died in Lancaster
County, Nebraska ON the--day OF f-,-1&S,
heirs at law was the defendant, Herman
residing in Germany, and that if there are any
other heirs OF said Sophia Herzer that their
names and residences are unkn ownto the plain
tiff, and also that the name and residence OF
is unk nown to the Plaintiff, and that he il not
certain that Herman Moneka is the correct
name of the brother of said Sophia Herzer, but
that he has made diligent search for Herman
Moneka, and the other unknown heirs Of Her.
man Moneka and he has been unable to learn
either their names or their residences, and that
they are unknown to him at this time; that he
does nee know whether the father and mother
of said Sophia Herzer are living. and does not
know their residences although he has made
diliRent search to learn their names and resi-
dencss, but that he has failed to learn either.
and both their names and residences are un-
known to this plaintiff.
That about three years prior to the death of
said Sophia Herzer she was insane and incapa-
bic OF making conveyance of g. id premises 70
this plaintiff, and that because OF said insanity
and for no other reason, were said premises not
conveyed to this plaintiff prior to the death of
said Sophia Herzer, and that eve since the
year 1878, he has continuously had possession OF
and peaceable manner, and that during all Of
said years he has farmed the same and inn
proved the same
That ever since March is, 1883, at the time the
Chicago, Burlington & Quincy Railroad Com
pany executed deed to said Sophia Herzer for
said premises, he has each year paid to the
County OF Lancaster and State OF Nebraska, all
of the taxes accruing on said real estate, for
which plaintiff holds receipts,
That the State of Nebraska claims to have
some interest in said real estate which plaintiff
denies,
Plaintiff prays for Judgment of the court
decreeing that the state of Nebraska ha no ins
terest Of any kind whatsoever in eand to said
real estate, and decreeing also that tho above
named, Herman Moneka, and any and all un-
known heirs of sophia Herzer, decea sed, have
no interest of any kind whatsoever in and to
said real estate, and that plaintiff, Franz Her
ger, be decrssd to be the real owner OF said real
quieting title in him, and for such other and
further relief as to the court may seem proper.
You are hereby required to answer this said
'e''''0'- :. : 0 FRANK HERZER,
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