The independent., 1903-05-07
payment of the purchase money of said real es-

payment of the purchase money of said real es-
tate.
Plaintiff alleges in his petition that when he,
married said Sophia Herzer she had no prop
erty of her own except only small sum in cash
no part of which was used for the purpose OF
purchasing said real estate that che plaintiff,
himself. personally, paid all of the purchase
money for said real estate to the Chicago, Bur-
day of March 1924, and at said time said Rail.
road Company, by warranty deed, conveyed
said premises to said Sophia Herzer, which
deed was filed for record in the Office of the
braska, on the 9Th day Of July 1885, at 80 p:
and recorded in Book q of Deeds at page 216;
that said Sophia Herzer died in Lancaster ste
County, Nebraska on the.dsy e .of,-lsSS, Of. -,
heirs at law was the defendant, Herman
Moneka, whoi is brother of said Sophia Herzer.
residing in Germany, and that If there are any
other heirs OF said Sophia Herzar that their
tiff, and also that the name and residence OF
Herman Moneka, the above named defendant
is unknown to the plaintiff, and that he is 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 not know whether the father and mother
Of said Sophia Herzer are living, and does not
diligent search to learn their names and resi-
dences but that he has failed to learn either
and both their names and residences are uu-
known to this plaintiff.
That about three years prior to the death of
said Sophia HerZer she was insane and incapa-
BILE OF making q conveyance Of said premises to
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 ever since the
year 1878, he has continuously had possession OF
| and peaceab BILE manner, and that during all Of
said years he has fsrmed the same aud inn
proved the same.
That ever since March 1S, 1883, at the time the
Chicago, Burlington & Quincy Railroad Conn
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
# the taxes accruing on said real estate, for
hich plaintiff holds receipts.
soms interest in said real estate which plaintiff
denies.
Plaintiff prays for a judgment of the court
decrseng that the state of Nebraska had no in--
tsrest of any kind whatsoever in and to said
real estate, and decreeing also that the above
named. Herman Moneka, and any and all un-
known heirs of sophia Herzer, deceased have
no interest of any kind whatsoever in and to
said real estate, and that plaintiff, Franz Her
| estate. and that the court will enter decree
auieting 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
petition on or before the 8th day of June 1903.
FRANK HERZER.
Plaintiff.
By Doyle 4 Berge, His Attorneys.