Custer County Republican. (Broken Bow, Neb.) 1882-1921, 1908-02-20

interested in said estate, take notice, that
petition has been filed for the appointment
of Rose Empheld administrators of said
estate, which has been set for hearing, hear
ing on March l4th, 1908 at 10 O'Clock a. M.
[sEALl A. r. HUMPHREY, County Judge.
First Pub. Feb. 204t
In the District Court of Custer County
Nebraska.
George IL. Rogers and Anna Rogers,
Plaintiffs.
Frank j. Gustin, Mariana Gustin and
susan Priest. Defendants,
NOTICE.
To Frank j. Dustin, Mariana Gustin and
susan Priest, Defendants:
You and each of you are hereby notified
that George II. Rogers and Anna Rogers
plaintiffs herein, on the nth day of February
lgOoi hled their petition in the District court
of Custer county. Nebraska, against said
Frank j. Dustin, Mariana Gustin and
Susan Priest, Defendants, the object and
prayer OF which petition was and is to have
TINS court annul and set1asde certain de-
cree entered by ii on the 18th day of Septem-
Der, 1906, in an action wherein said Frank j.
Gustin, Mariana Gustin and Susan Priest
were plaintiffs and A. b. Clark S. A. Rogers
and G II. Rogers were defendants, and to
have 1t decreed and adjuged by the court
that said decree was and is utterly null and
void in so far as it affects in any way, S. A.
Rogers, or her heirs, or mortgages on public
record in her name: or as it may effect In any
way said &. II. Rogers, or Anna Rogers, or
either of them; or as it may effect John X
Clark, or his estate, or mortgages on public
record in his name on July 10th, 1905, and
thereafter which belonged to Anna Rogers
for the reason that this court had no jurs-
diction over said s. A Rogers, G.. ii. Rogers.
Anna Rogers. John r. Clark, or over the
heirs, administrators or executors of said ).
A. Rogers then deceased, or of John r. Clark
then deceased, or over their estate, to render
said decree.
This action involves the titles to the north.
west quarter of section eleven QD in town
ship thirteen Q3), north of range twenty-five
(22), west of the 9th p. m also the title to
the southwest quarter of section twenty.nine
(29), in township thirteen Q3), north of range
twenty-five CID, west OF the 9th p. m, both in
Custer County, Nebraska.
Plaintiffs furthur pray that said defend
ants and each of them and all parties claim
ing under or through them. be perpetually
enjoined from setting up or claiming any
right, title or interest in or to the aforesaid
land or any part thereof, or from setting up
any right, title or interest adverse to said
George II. Rogers or $. A. Rogers, or her
| estate, or Anna Rogers, or John r. Clark or
his estate, by virtue of said void decree; and
for such further relief as to the court may
seem equitable and for costs of suit.
SAID petition has been filed with the Clerk
OF the District Court of said Custer county,
where said petition may be furthur con.
suited by persons interested therein
You and each of you are required to
| answer said petition on or before Monday,
the 9th day of April, 1908.
Dated this 10th day of February, 1908.
ANA "a ROGERS ROGERS Plaintiffs
BY Sullivan Squires their Attys
First Pub. Feb cost
In the District Court of Custer County
Nebraska. sr
! George H. Rogers, and Anna Rogers,
Plaintiffs.
Cecilia E Culver, Defendant.
| . NOTICE.
| To Cecilia L. Culver, defendant:
| You are hereby notified that George H.
| on the Nth day.o February, 1905 .hled their
petition inthe District court of Custer county
| Nebraska, against said Cecilia h. Culver de.
| PENDANT, the object and prayer of which
petition is that the Court shah set aside
| certain decree entered by it on the 18th day
of September, 1906, in an action wherein
| Cecilia E. Culver vas plaintiff and A. b.
I Clark, S. A. Rogers and q. II. Rogers were
defendants, and decree the same to be
utterly null and void in so far as it affects in
any way said S. A. Rogers, or her estate, or
| mortgages which have stood, stand ON
public records in her name or as it may
affect in any way said c, H. Rogers, OF
| Anna Rogers, or property rights liens or
titles claimed by either of them, referring
| especially to their several claims upon the
| southwest quarter of section eleven I'D,
| township thirteen Q9 north, range twenty,
two (22) west of the 9th p. m. in Custer county,
| Nebraska; or as it may effect John X. Clark
| or his estate; or certain mortgage made by
Albert j Gustin to said John K. Clark for
| oouuOO WHICH mortgage was nleQ Tor record
| August 2lst 1885 and recorded in book % of
mortgages on page sis of the records of
Custer county, Nebraska which said mort
gage was the property of Anna Rogers for
| the reason that the Court had no jurisdic.
| ton over said S. a. Rogers, G. IL. Rogers
Anna Rogers, John K. Clark, or over the
| heirs, administrators, or executors of said
| John K. Clark, deceased, or of said S.
| A. Rogers, deceased or over their estates
| and could not legally enter said decree.
| That Cecilia T.. Culver and all parties
| claiming under or through her be perpetual
| ly enjoined from setting up claiming any
right, title, or interest in or toIthe said south
west quarter of section eleven QD in town.
ship thirteen Q3), north of range twenty-five
| (22), west OF the 9th p. N. in Custer county
ebraska, or from setting up any right, title
, or interest adverse TO George II, Rogers, or
Anna Rogers, or S. A. Rogers, or her estate,
| or John X. Clark, or his estate, by virtue of
said void decree, and for general relief
| Said petition is now onlile with the Clerk of
| the District Court of SAID Custer county,
| Nebraska, where examination of the same
| may be had.
| You are required to answer said petition
| on or before the 9th day of April, 1908,
| Dated this 10th day of February, 1908.
GEORGE H. ROGERS r,.i,t;f,
ANNA ROGERS i"in'"'
| BY sullivan Squires, their Attys