The independent., 1903-05-14
Doyle . BsrEs Attorneys, BrownsII Block,
Lincoln, Mob.
NOTICE 70 NONRESIDENT DEFENDANT
AND UNKNOWN HEIRS.
fo Hsrmsn Msneks, and the sskscwn kss<S d
Gouhia Herzer dsceased dsfondants.


30 Hsrmsn .oaska, and Chg sslss~a hssrs q
You. and each OF you, arc hereby nostned thes
on the Cd day of April 1903, the plaintiff hlsd bis
petition in the District Court OF Lancaster
County, Nebraska, against Herman Monska,
and the other unknown heirs Of Sophia Hsrsss,
deceased, and the State Of Nebraaka, alleging
that ever aimee the year 1878, he has bsen ths
owner of ths south half (S. vi Of the south1sss
eight (8) range Ave (5l East in Lancaster County
Nebraska, and still Is tho owner and In poseee
sion of said premises; that during the year lS1A
he purchased said real estate from the Chicago,
Burlington 4 Quincy Railroad Company that
during the year 1873. he married Sophia nsrsss.
now diseased, and that said Sophia Herzer was
his wife during the rear 1878, when 10 puE.
ehased said real estate; that prior 70 the pur..
chase OF said real estate, in considerations q
''love and affection" hs agreed with sid
Sophia Hsrzsr that she should hold the naksd
legal title 70 said real estate, during the tern
of her lifetime, with ths s1pfsss Ind1fssssn 1.s ~
aid resl estate to the plaintiff, and chat during
all Of the time that said Sophia Herses ehcula
sal estate in trust for the plaintiff, and plain,
tif alleges that said Sophia HeFxss agreed with
the plaintiff to 20 hold the title to said Ieal ~
tate, and upon the conditions a!iseedi thas
BurIisstsa 4 Quincy Railrosd Company - -
cute ! contract In writing to said sophia HeR.
ssr, ebligating itssf TO convey said psemtses ~
warranty desd 10 said Sophia AsEssf .pon the
paynsat Of the purchase money o. sid sssi -
Plaintiff allegss in bis petition that when BE.
married said Sophia Horzsr she had no prop
esty Of her own except only small SUM In sasls.
no part of which was used for the purp0se ct
purchasing said real estate; that Vac plaintih,
himself personally paid all OF the nusehase
noney for said real estate 70 the Chicago, Bur
ington Quincy Railroad Company on the isth Y
r. 4 ~ud - eat fpxn - = II~
road Company, by warranty deed, conveyed
said promises to said Sophia Hesxsf. whish
deed was filed for record In the office Of The
Register OF Deeds IN Ia.es,sss aa ,sss aonn5y re-
and recorded In Book q of Deeds at page 21ss
| that said Sophia Herzer died In Lancastsr
| County, ksbraska on the--day of---16So.
heirs at law was the defendant, Herman
| Moneka who is a brother OF said Sophia Herxer.
residing in Germany. and that II thcrc are any
othss heirs Of said Sophia Herzsf that thets
names and residences are unkn own to the plain
tiff, and also that the name and residence d
Herman Moaeka, the above named defendant
10 unknown to the plaintiff, and that hsis noe
| certain that Herman Monska y the eofrcce
name OF the brother Of said Sophia Heszsr, but
| that he has made siifissnt search for Herman
Mcnska, and the other unknown heirs Of Her
| man Monska and he has been unable TO learn
either their names or their rsside.css, and thai
| thsy are unknown 10 him at this tine; that he
| does na< know whether the father and mother
| Of said Sophia Hsrxer are living and does NOT
! know their residences although he has made
! diligest search to learn their names and resi-
\ dences, but thai hs has failed TO learn either,
| and both their names and residences are un-
| knswn 10 this plaintiff.
/ That about three ysars prior to the dsAth oil
! said Sophia Herxsr she was insane and incapa-
| Bio Of makfng . conveyance of said premises to
| this plafntid, and that because Of said tnsanity
! ard kaz no okA4r reaean. vefA aaid nssmtse4 n1e
csnysYsd to this plaintin prior to the death oi
| said Sophia Herzer, and that eysv since the
| year 1873 he has centinuously bad posesesi0n d
/ said rsAl estate in an open, adverse. notosioul
! and peassable maunsr, and that during all Of
| said years hs has farmsd the same snd In
Thai eysr sinoe March IS, 1855, at the time ths
Chicago. Burlingtea d Quincy Railroad Com
| pany executsA dssd 10 ssid Sophia MsrzeT io1
/ said prsmises, hs has essh year paid 70 the
! County Of Lancaster, and State OF NsbFaska. all
/ Of the taxes aecguing on said real estats, fOl
| whish plaintiff holds receipts.
! That tho State of Nebraska claims 70 have
| some interest tn said real estate which piaintfh
| dsufss
/ Plaintiff prays for Judgment of the eourt
decrseing that tho state Of Nebraska ha no n:
! tersAt Of any Kind whatsoever In and to said
/ real sstate, and decrseing also that the above
| named, Herran Monska, and any and AL un-
/ known heirs of sophia HerEer, deceased, have
no interest OF any kind whatsoeyer in and to
| said real estate, and that plaintiff, Franz Her.
/ zsr be decrsed to be the real owner OF said real
eststa and that the court Will enter : decree
! quistins title In him, and for such other and
| further relief as 70 the court may seem proper
| You are hereby required TO answer this said
| petition on or before the sth day Of June 10O3.