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About Polk County observer. (Monmouth, Polk County, Or.) 1888-1927 | View Entire Issue (Dec. 31, 1915)
THE FOLK COUNTY OBSERVER, FRIDAY, DECEMBER 31, 1918. (HEN MEET JAN, 6 3ENT HAWLEY ANNOUNO- SPLENDID PROGRAM. i Active Members of Pare jd Livestock Association to i Deliver Addresses. Oregon Pure Bred Livestock ition will hold its regular semi 1 meeting at Corvallis on the af n of January 6. Several ae tembers of the association have seleoted to discuss important ts before the convention, some , ich will pertain to prizes and 1 for the annual state tair. Went C. L. Hawley of McCoy xuetarv N. C. Mans of Portland ace the following program for rvallis meeting: ress by President Hawley on on at P. P. I. Exposition. orts of committees and other r business. hat Can the Oregon Pure Bred -ock Association Do to Make the nization of Greater Value to the itock Industry in the Statet" I. (. btaples, Portland. "The Possibilities of Beef Produc ion in Oregon," I. D. Graham,'Port uid. ill We Have Early Closing of utr and an Official Catalogue alt e ,ate Fair?" C. P. Hembree, uth; rTank Brown, Carlton., ' ill the Agricultural College ate with the Breeders in Open at the State FaiH" E. L. Pot , ' orvallis. " , hat Is the Proper Size of State r Prizes on the Different Breeds of YT" C. E. Cleveland, Gresham; .. Hogg, Salem. . o minutes speech by each one at on the subject of mosit impor- to the speaker. Circuit Court Here Soon. iv5 Belt will open circuit court. rular Isession a)t MciMinnville udaywith a light docket. The Branson murder case will be ,he second time at the Febru an of court. On the second y in January Judge Belt will .he regular term of court here several cases. The local dock- i not a heavy one, and for tlhe I art will consisit of divorce hear- dollora, attorneys fees, and the fur ther sum of Ten and 20-100 ($10.20) dollars, and also the costs of and up on this Writ; and whereas it was further ordered and decreed by said Court that the lollowing property should be sold by me to satisfy said execution, 1 will, on baturday, Janu ary tffe 29th, 1916, at the hour of 1 o'clock p. m. of said day at the front door of the County Court House at Dallas, Oregon, in Polk County, sell at public auction to the highest bid der for cash m hand on day or sale, all the rieht. title and interest and estate which said defendants have and all persons claiming under them have in or to the hereinafter describ ed premises, and every part thereof. bald property is described as fol lows: Commencing at the Southeast corner of the Nathaniel Hudson Do nation Land Claim, No. 54, Not. No. 5068 in Township 8 South of Range 6 West of the Willamette Meridian, in Polk County, Oregon, thence run ning West 14.666 chains; thence North 24.00 chains; thence West 11. 534 .chains; thence North 16.00 chains; thence East 26.20 chains; thence South 40.00 chains; to the place of beginning, and containing 77.12 acres more or less, ail in rolk County, Ore gon. ' Said sale being subject to redemp tion in the manner provided by law, and the proceeds thereof to be ap plied to the payment of the afore said judgment. Dated this 28th day of December, 1915. JOHN W. ORB, Sherif of Polk County, Oregon. SIBLEY & EAKIN, Attorneys for Plaintiff. D28-J25 NOTICE TO CONTRACTORS. " Notice is hereby given to whom it may concern that the Honorary Court or rolk County wilt receive bids on Saturday, January 15, 1916, at 1 o' clock p. m., for the grubbing and grading of the change in the McBee road. Plans on file in the clerk's office. A certified check of 5 per cent of the amount of the bid to accompany the bids. Court will also receive bid for fencing this change. f The court reserves the right to re ject any and all bids. Hv order of the Connfcv Court. Decil-Jan.ll ZY TROUBLE LEADS TO TERRIBLE TORTURES ndreds of sufferers from pains in back and sides, bladder and urin ' disorders, lumbago, rheumatism, mess, puffy swellings , under tine s or m the reet and ankles, ner n", tired or worn-out or head- v feeling, don't seem to realize the greater part of all sickness f can be avoided by keeping the yS; working properly. If you i- from any of the many agonies i '.company weak, clogged-up or d kidneys you should not neg tkrself another day and run tlhe serious complications. Secure age of Solvax, the wonderful . dney remedy, which is very in ive yet acts quickly and surely : sea of the trouble. You '11 be ed how entirely different you '11 1 a very short time. oesn'6 matter how long you uffered, how old you are, or -ou have used. The very prin t Solvax is such that it is prac unpossible to lake it into the system without beneficial re ar has been so uniformly sue that Conrad Stafrin will in ell it under a positive guaran elief or refund the monev. ADMINISTRATOR'S OR EXECU TOR'S NOTICE OF HEARING OF FINAL ACCOUNT. Notice is hereby given that the final account of Alice E. Page as admin istrix of the estate of F. J. Page, de ceased,, has "been filed in the County Court of Polk County. State of Ore gon, and that the 31sti?day of Janu ary, 1916, at the hour it 9 o'clock a. m., has been duly appointed by such Court for the hearing f objections to such final, account and the settlement thereof, at which time any person in terested in such estate may . appear and file objections thereto in writing and contest the same. ALICE E. PAGE, Administratrix of the Estate. D24-J21 PROPOSAL FOR SALE OF STREET IMPROVEMENT BONDS OF THE CITY OF DALLAS, POLK COUN TY. OREGON. Notice is hereby given that sealed bids for the purchase of the whole or any part of $9813.32 of 1915 Street Improvement Bonds of the City of Dallas, Polk County, Oregon, as au thorized by Ordinance No. 254 of said City, will be received by the un dersigned Auditor and Police Judge of said City, until 6:30 o'clock p. m, on Monday, January 10; 1916. Said t. ! OF FINAL SETTLEMENT. i is hereby given that the un- d, HeleruM. Cook, executrix Last Will and Testament of o D. Cook, deceased, has filed Jounty Court of Polk County, , her final account with said as snch Executrix, ana the ohn B. Teal, ,Judge of said has fixed Saturday, t 29th y -." January, 1916, at theiiour of v i o'clock in the forenoon ot said y at the time fend the CWhty Court o"i art the Coint House in ehe City i las, folk. County, Oregon, as 1 ice for hearing objections to 1 i al account and for the settle- t i i said estate. HELEN M. COOK, atrix of the Last Will and Tes of Alphonzo D. Cook, Deceas- L. CONNER, 'y for said Estate. D.31-J.28 IFF'S NOTICE OF SALE. e is hereby given that by vir in execution issued out of the Court of the State of Oregon, k County, on the 23rd day of er, 1915, and to me directed i judgment that was enrolled keted in the office of the Clerk Court on the 22nd day of De , 1915, in a certain 'suit then ' in said Circuit Courtwherein Hover was plaintiff mid James on and O-rttrudeSVilson, his id the Daliks Crly Bank, an corporation yre defendants, o. 4756) a tgment was refi ll favor of the above-named ', Frank Glover, and against ve-named defendants, James son and Gertrude Wilson, his id the Dallas City Bank, an corporation, for Two Tbou e Hundred Forty-six and 60 546.60) dollars with interest from the 14th day of July, the rate of eight (8) per eent an, and the farther nm of andred and ju-100 (9200.00) CITATION. In the County Court of the State of Oregon for Polk County. In the mattir of the estate of James B. Olmsted, deceased. To Anna Q. Olmsted, Merle Crane Evans, (formerly Olmsted,) Eva. M. , (formerly Olmsted,) Gertrude W. O. Conover, Winifred B. Skidmore, (formerly Evans,) Ida h. Wiekham, and tie unknown heirs of L. W. Stewart, deceased, described in the will of decedent as "son by adop tion, heirs and devisees of the above named James B. Olmsted, deceased, and to all others unknown: In the name of the State of Oregon, you are hereby eited and required to appear in the County Court of the State of Oregon in and ior the County of Polk, at the Courtroom thereof in the city of Dallas, in said County, on Monday, the 7th day of February, 1916, the same being the first day of the February, 11)16, term of said Court, at the hoiir of ten o'clock in the forenoon of feaid day, then and there to show caifse, if any exist, why an order am nraytd for in the petition of Anna Q. lnted, as executrix of said estate, fnW herein on this day, should not be granted to the said exe cutrix to sell the following described part of the real estate of said de ceased at private sale for cash for the purpose of raising funds sufficient for the payment ot the funeral charges, expenses of administration, and claims against the said estate, which real property is described as follows, to-wit: Lot No. 2, in Block No. 2, in Keady's Addition to the town of Waldiiort, in Lincoln County, State ot Oregon: Also, beginning at the Northwest corner of the William J. Berry Dona tion Land Claim, No. 53, in Township 10 South, Range 5 West, in Folk County, Oregon, and running thence West lb.722 chains; thence boutn, ai. 631 chains, and thence North 35 de grees, 05 minutes West 8.88a chains to a point which is the beginning point of the tract hereby described ; irunning thence north 54 degrees 55 minutes East 11.2a chains; thence North 35 degrees 05 minutes West 17.777 chains; thence South 54 de grees, 55 minutes West 11.25 chains, and thence South 35 degrees, 05 min utes East 17.777 chains to the place of beginning, containing 20 acres, more or less: Also, beginning at an oak stake driven in the ground 31.347 chains South and 9.1o2 chains East from the Northwest comer of said Wil liam J. Berrj Donation Land Claim, and running thence South 54 degrees 55 minutes nest 22.50 chains to an oak stake; thence North 35 degrees 05 minutes West 13.333 chains to an oak stake; thence North 54 degrees 55 minutes bast 11.2a chains to an oak stake; thence North 35 degrees 05 minutes West 8.888 chains; thence North 64 degrees 55 minutes East 11.25 chains; thence Sooth 35 degrees 05 minute East 22.222 chains to the place of beginning, containing 40 acres, more or less. Witness tlie Hon. J. B. Teal, Judge of the County Court of the State of Oregon for the County of Polk, with toe seal of said Court affixed, this 22nd day of December, 1915. A. B. ROBINSON. JR., Clerk of said Court. (Seal of Conntj Court) D24-J21 bonds will be ninety-eight (98) in number and in denominations of $100.00 each. Each of said bonds will be dated July 17, 1915, payable in ten (10) years from date, and will bear interest at a rate not to exceed six (6) per cent, per annum, interest to be payable semi-annually on the 17th day of January and the 17th day of July of each year; both principal and interest to be payable in United States Gold Coin of the present stand ard of weight and fineness, at the Dnl las City bank in the city of Dallas, Polk county, Oregon, without charge, cost, or expense to the purchaser ot holder of said bonds. The said City of Dallas, Polk Coun ty, Oregon, hereby reserves the right to take up and cancel said bonds, or any part of them, upon the payment of the face value thereof and the ac crued interest to the date of such pay ment, at any semi-annual interest per iod at or after one year from the date of said bonds, to-wit: At or after nm year from the 17th day of July, 1935. The above-named bonds will be soM to the highest bidder, by the said City ot Dallas, at the bour ot 8 o'clock it. ra. on Monday, the 10th day of Janu ary, 191b, in the Council Chamber m said City. The bids must state tht rate of interest, not exceeding six (b) per cent, per annum; but said bonds shall not be sold for less than their face value, together with the ac crued interest thereon from the day of their date to the date of their delivery. Said delivery of said bonds will be made at the office of the City Treasurer of the said City of Dalas, Polk County, OrejSn. The City Council oFrneCity of Dal las, Polk County, Oregon, hereby serves the right to reject any or all bids. . f Bids must be marked "Bids for 1915 Street Improvement Bonds, ' eompanied by a certified cheek for ten (10) per cent, of the amount bid, and addressed to Charles Gregory, Audi tor and Fohce Judge, Dallas, Folk County, Oregon. Done by order of the City Council of the City of Dallas, Polk County, Oiegon, made and entered of record on the 6th day of December, 1915. Witness my hand and the official seal of the City of Dallas, Polk Coun ty, Oregon, this 10th day of Decem ber, A. D., 1915. (Seal) CHAS. GREGORY", Auditor and Police Judge. PROPOSAL FOR SALE OF 1915 UGLOW AVENUE IMPROVE MENT BONDS OF THE CITY OF DALLAS, POLK COUNTY, ORE GON. Nolice is hereby given that sealed bids for the purchase of the whole or any part of. $2851.88 of 1915 Uglow Avenue Improvement Bonds of the City of Dallas, Polk County, Oregon, as authorized by Ordinance No. 255 of said City, will he received by the undersigned Auditor and Police Judge of said City, until) 6:30 o'clock p. m. on Monday, January 10, 1916. Said bonds will be twienty-eight (28) in number and in denominations of $100.00 each. EaVh of said bonds will be dated October 20, 1915, pay able in ten (10) yean from date, and will bear interest at aate pot to ex ceed six (6) per cent. peT"8nnum, in terest to be payable semi-annuallv on the 20th day of April and the 20th day of October of each year; both principal and interest to be payable in United States Gold Coin of the pres ent standard of weight and fineness, at the Dallas City bank in the City ot Dallas, Polk County, Oregon, without charge, cost, or expense to the pur chaser or holder of said bonds. The said City of Dallas, Polk Coun ty, Oregon, hereby reserves the right to take up and cancel said bonds, or any part of them, upon the payment of the face value thereof, and the ac crued interest to the date of such pay ment, at any semi-annual interest period at or after one year from the date of said bonds, to-wit : At or af ter one rear from the 20th day of October, 1915. The above-named bonds will be sold to the highest bidder, by the said City of Dallas, at the hour of 8 o'clock p. m. on Monday, the 10th day of Janu ary, 191H, in the Council Chamber in satd City. The bids moot state the rate of interest, not exceeding six (6) per eent. per annum; but said bonds shall not be sold for less than their face value, together with the accrued interest thereon from the day of their date to the date of their delivery. Said delivery of said bonds will be made at the office of the City Treas urer of the said City of Dallas, Polk County, Oregon. The City council of tut City of Dal las, Polk County, Oegon, hereby re serves the right to reject any or all bids. Bids must be marked "Bids for 1915 Uglow Avenue Improvement Bonds," accompanied by a certified check for ten (10) per cent, of the amount bid, and addressed 'to Charle3 Gregory, Auditor and Police Judje, Dallas, rolk County, Oregon. Done by order of the City Couneil of the City of Dallas, Polk County, Oregon, made and, enteied of record on the bth day of December, 191r. Witness my hand and the official seal of the City of Dallas, Polk Coun ty, Oregon, this 10th day of December, A. D. 1915. (Seal) ' CHAS. GREGORY, Auditor and Police Judge. SHERIFF'S NOTICE OF SALE. Notice is hereby given that by vir tue of an execution issued out of the Circuit Court of the State of Oregon, for Marion County, on the 11th day of December, 1915, and to me Erect ed upon a judgment that was enrolled and docketed in the office of the Clerk of said Court on the 13th day of De cember, 1915, in a certain suit then pending in said Circuit Court where in Theo. M. Barr was plaintiff aid Salem Fruit Evaporator Company, a corporation, and F. W. Waters were defendants, a judgment was rendered in favor of the above namd plain tiff, Theo. M. Barr, and against the above named defendants, Salem Fruit Evaporator Company, a corporation. and F. W. Waters, foriTwentv-Three Hundred Three and 66-iOO ($2303.66) dollars, with interest thlreon from (he 9th day of June, 1915 at the rate of eight (8) per cent perAnnum, and the further sum of Ohe Hundred Seventy Five and no-100t$175.00) dollars, now due on said judgment, with in terest at the rate of six (6) per cent per annum, from the 13th day of De cember, 1915, and the further sum of Eighteen and no-lUU ($18.00) dollars, costs, and also the costs of and upon this writ; and whereas it was further ordered and decreed by said Court that the following property should be sold by me to satisfy said execu tion, I wiil, on Saturday, January the 22nd, 1916, at the hour of 1 o'clock p. m. of said day at the front door ot the County court House at Dallas, Oregon, in Polk County, sell at public auction to the highest bidder ior cash in hand on day of sale, all the lght, title and interest and estate which said defendants have and all persons claiming under them have in or to the hereinafter described prem ises, and every part thereof. baid property is described as fol lows: Lots one (1) and two (2). Block o" West balem, all in Polk County, Oregon. ' - Said Sale being subiect to redemp tion in the manner provided by law, and the proceeds thereof to be applied to the payment of the aforesaid judg ment. Dated this 21st day of December, 1915. JOHN W. ORR, Sheriff of Polk County, Oregon. CHAS. E. LENON, Attorney for Plaintiff D.21-J.EB of Twenty-four and no-100 Dollars ($.24.00), costs and disbursements and the costs of and upon this Writ ; and whereas it was further ordered and decreed by said Court that the fol lowing property should be sold by me to satisfy said execution, I will, oo Friday, the 31st day of December, 1915, at the hour of One o'clock p. m. of said day at the front door of the Court House at Dallas, Oregon, in Polk County, sell at public auction to the highest bidder tor cash in hand on day of sale, all the right, title and interest and estate which said defendants have and all persons claiming under them have in or to the hereinafter described premises, and every part thereof. baid property is described as fol lows: Lot No. 8, in Block No. 12, King- wood Park, Polk County, Oiegon. Said sale being subject to redemption in the manner provided by law and as provided in said decree. Dated this 29th day of November, 1915. JOHJN W. OKU, Sheriff of Polk County, Oregon. PUUUE & PAGE, Attorneys for Plaintiff. NOTICE TO CREDITORS. Notice is hereby given that the un dersigned, William A. Yocom. has been appointed by the County Court of the State of Oregon for Polk County, ad ministrator of the estate of llntlia way Yocom, deceased, and has ouali-fied. All persons having claims agitinst the said estate are hereby required to present them, duly verified with the proper vouchers, within six months from the date of this notic , to Oscar Hayter, attorney for the ipiders!gne;i administrator, at Bis la offices in Dallas City Bank BuHditfr. in Dallas. Oregon. Dated and first published Decem ber 17, 1915. WILLIAM A. YOCOM, Administrator of the estate of Hathaway Yocom, deceased. OSCAR HAYTER, Attorney for administrator. D17-J14 NOTICE OF APPOINTMENT OF ADMINISTRATOR. Notice is hereby given to all whom it may concern that the undersigned W. T. Macy has been duly appointed and qualified and letters of adminis tration have been duly issued to him by order of the county court of Polk county, Oregon, duly made and enter ed of record therein on the 15th day of December, 1915, appointing said W. T. Macy as administrator of the estate of Sherman Whitson Scroggin, deceased. All persons having claims against said estate will present the same to the undersigned at McMiun- ville, Oregon, with proper vouhers annexed within six months i'9h the date of this notice. Dated this 11th day of December, 1915. W. T. MACY, Administrator estate Sherman Whit son Scroggin, deceased. HOLMES & PEARCE, Attorney for estate, McMinnville, Oregon. - Dec.l7-Janl4 NOTICE OF FINAL SETTLEMENT. Notice is hereby given that the un dersigned has filed in the County Court ot the btate of Oregon, for the County of Polk, her Final Account as Executrix of the Last Will and Testament of John Ferguson, Deceas ed, and that said Court has fixed Monday, January 3, 1916, at the hour ot iu o clock a. m. of said day as the time and the County Court Room in the County Court jlouse, in Dallas, in folk Lounty, Oregon, as the place for hearing said FinqlAccount and an oDiecuons inereio. Dated at Dallas, Oregon, November 29, 1915. MARY FERGUSON, Executrix of the Last Will and Tes tament of John Ferguson, Deceased. SHERIFF'S NOTICE OF SALE. Notice is hereby given that by vir tue of an execution issued out of the Circuit Court of the State of Oregon, for 1 oik County, on the 27th day of November, 1915, and to me directed upon a judgment which was enrolled and docketed in the office of the clerk of said Court on the 23rd day of No vember, 1915, in a certain suit then pending in said court wherein May C. Barnes was plaintiff, and G. M. Douglas and Leon a M. Douglas, his wife, Kingwood Park Co, a corpora tion, and J. F. Davis were defend ant's, a judgment waa rendered in favor of the above named plaintiff, and against the above named defend ant's, for Twelve hundred seventy one and no-100 Dollars ($1271.00) with interest thereon ,t the rate of 8 per eent per annum from the 22nd day of November, 1015, and the fur ther snm of One hundred twenty-five and no-100 Dollars ($125.00), with interest thereon at the rate of 8 per eent per annum from Ue 22nd day of November, 1915, and the farther (am SUMMONS. In the Circuit Court of the State of Oregon, for the County of Polk. W. W. Fawk and Mary V. Fawk plaintiffs, vs. Title & Trust Company, an Oregon corporation, 1 lorence rage, Winifred I. Dosch, Charles G. Benson, W. H, McNair, B. M. Benson, Jrst National Bank of Ashland, Oregon, an Oregon corporation, Clarence C. Murton, J. Svd McNair, Ernest P. Dosch, C. C. Page, T. L. Mclntvie, Walter A. Bandimere, Herman Pales- ter, Margaret Cohen, C. B. Vaughn and E. J. Carlson, defendants. To Florence Page, J. Syd McNair, C. C. Page, T. L. Mclnt'yre, Walter A. Bandimere, Herman Palester, C. B. Vaughn and E. J. Carlson, De fendants above named: In the name of the State of Oregon you are hereby required to appear and answer the complaint filed against you in the above entitled suit, within six (6) weeks from December 21, 1915, the date of the first publication of this summons, and if you fail to answer for want thereof, the plain tiffs will apply to the court for the relief demanded in the complaint in this suit, to-wit: 1. 'That the plaintiffs Jfave judg ment for the sum of fira thousand four hundred fifty-six aofl 48-100 dol lars ($5.456.48), 'with jpiterest there on at the rate of eight per cent. (8) per annum, Jfiom November 21st, 1915, until pnjfl, and the fur ther sum of six hundred dollars ($600.00) as thei torneys' fees for the collection of tfhe note hereinbe fore described and the foreclosure of the trust agreement and mortgage set forth in tlus complaint, and for the further sum of their costs and dis bursements herein. 2. That the trust agreement set forth in the complaint herein be de clared to be a mortgage and be de clared to be a lien upon the mortgag ed premises described therein, includ ing that certain building known as 'Ihe Crowley Warehouse," situat ed upon the right-of-way of the Southern Pacific Railway Company, at Crowley Station, on the line of said railroad, in Polk County, Oregon, which warehouse is appurtenant to the land above described, and a priv ilege connected therewith, with the exception of the north half (Nii) of lot twenty-three (23) ; lot seventeen (17) ; the southeast two and sixty-five hundredths (S. E. 2.65) acres of lot ten (10). as hereinbefore specifically described ; the southwest two and six ty-five hundredths (S. W. 2.65) acres of lot ten 10), as hereinbefore specif ically described ; the east half (E.V2) of lot twenty (20) ; lot eighteen (18) ; the south Half (S.2) of lot twenty three (23) ; lot fifteen (15) ; the south half (S.V2) of lot sixteen (16) ; the west halt W'A or lot fourteen (14 ; lot three (3); and the north half (N.i2) of lot sixteen (16), all in Wil lamette Valley Orchard Tract No. 1. as platted and recorded in the rec ords of Polk County, Oregon,, which said lands last described as excepted, have heretofore been eonveyed or con tracted to be eonveyed, by the Title ft Trust Company, defendant, and further that plaintiffs' mortcrage be declared to be a lien upon all prop erty now in the possession of the Title ft Trust Company, defendant, held by them pursuant to the terms of said trust agreement, and belonging to the Denencianes thereunder, and also all of the right, title and inter est of the defendants, or any one of them, as beneficiaries under said trnst agreement, in and to any of the dtoo- erty covered by said trust agreement; that the said real estate above de scribed, including the warehouse at Crowley Station, hereinbefore da- scribed as being covered by the lien1 of plaintiffs' mortgage,' be sold in manner provided by law, and the pro- j ceeds of Said sale be applied toward ! the payment of the costs of this sale and toward the costs and disburse- i ments of this suit and the payment . of such judgment and decree as shall be made herein in favor of the plain- tiffs, including attorneys' fees, and j the balance, if any. Daid into court 1 for the benefit of whomsoever shall j be decreed by the court to be entitled l thereto. f 3. That if the said unsold lands, when sold pursuant to the decree of j this court, shall not sell for enough f to pay the claims of the plaintiffs herein in full, as shall be provided by J decree of this court, that in that event, the interests of the defendants i and all of them, as beneficiaries, or 5 otherwise, in the contracts for the sale 1 of lands covered by the said trust agreement which have been hereto- i forecontracted to be sold bv the said 1 Title & Trust Company, defendant, and which contracts of sale are out standing, and any other rights or in terest of the defendants, or any of them, except the Title & Trust Com pany, in the said trust agreement and the property covered thereby, be sold in a manner provided by law for the sale of such property, under execu tion, and the proceeds of said sale be applied as follows, to-wit: The pay ment of the balance of the Dlaintiffs' judgment and decree as shall be en tered herein, and the balance, if any, paid into the court for the benefit of whomsoever shall be decreed by the court to be entitled thereto, said con tracts being described as follows, to wit : Contracts of sale made by Title & Trust Company, defendant, cover ing the property and running to the purchaser and bearing the date tnd having the amount due thereon for each contract respectively, as follows : Description, .Lot eighteen (18) ; pur chaser, A. H. Dennett; date, July 5, 1911; amount unpaid, $369.57. Description, South half (SVi) of lot twenty-three (23) (as hereinbe fore more specifically described) ; pur chaser, A. H. Dennett, date, Novem ber 14, 1911, amount unpaid, $7.50. Description, Lot fifteen (15) ; pur chaser, G. A. Grabb; date, November, 14, 1911, amount unpaid, $298.00. Description, South half (Sy2) of lot sixteen (16) ; purchaser, W, L. McKnight, date, May 1, 1912; amount unpaid, $138.56, Description, West half (W,i2) of lot fourteen (14) ; purchaser, Jessie B. Orabb; date, January 17, 1913; amount unpaid, $469.51. Description, Lot three (3) ; '. pur chaser, H. P. Hough; date, December 15, 1913; amount unpaid, $855.36. Description, North half (N.i2) of lot sixteen (16) ; purchaser, D. G. Revere; date, January 15, 1914; amount unpaid, $195.03. And plaintiffs pray that said de cree shall provide that the sale of the beneficiaries' interests in the said lands contracted to be sold, shall af fect only the equity of the beneflciar-. ies therein, and the purchasers of Said contracted lands at such foreclosure sale shall be merely subrogatedyto the rights of the beneficiaries of Mie said trust agreement, in said contracted lands, and that said foreclosure shall not iu any wise affect therights and powers of said Title & Tprfst Company to continue to perfornr its said con tracts of sale ajifrreceive the pur chase price therein specified, the pur chaser at such foreclosure sale to re ceive from said Title & Trust Com pany such portions of the proceeds arising from said contracts of sale as the payees and beneficiaries under the trust agreement would have re ceived if there had been no foreclos ure. 4. That the contracts entered into by and between the Title & Trust Company, defendant, and T. L. Mcln- tyre, Walter A. Bandimere. Herman ' ralester, Margaret Cohen, C. B. Vaughn and E. J. Carlson, be de clared to be null and void and of no effect and the lands covered by the said contracts respectively, be declar ed to have reverted to the Title & Trust Company, freed from any right, 1 title or interest therein or thereto by any of the said defendants last above named, by virtue of the contracts en tered into by the said Title & Trust Company with said defendants above referred to, and the said lands be de clared to be held by the said Title & Trust Company as unsold lands, pur suant to the terms of the said trust agreement, and that the same be sold as hereinbefore prayed for. 5. That the defendants herein, and each and all of them, except the Title it Trust Company, and all persons claiming under them, or either of them, be decreed to have no right, title or interest in and to the lands or property covered by said trust agreement herein set forth, and be ' barred and foreclosed of all estate, right or equity of redemption in the said premises and every part thereof. except the statutory right of rcdenip- . creed to be sold under execuiiOD, and " that any party to this suit may be come a purchaser at said sale, and .. "s ' that the purchaser be let into posses- " sion of said premises upon the Dro ' duction of the certificate of sale, and . ' that the plaintiffs have such other and. - further relief as to the court may ? seem equitable and just ; Ibis summons is published in tMir- . enance of an order of the Hon. Harry n. .Beit, judge 01 the above entitled court, which order is dated December 17, 1915, and which order prescribes that this summons be published in the Polk County Observer, a newspa per of general circulation in the Coun ty of Polk and State of Oregon, ones each week, for six (6) successive weeks. Date of first publication, De cember 21, 1915: date of last publica tion, February 1, 1916. ANGELL FISHER. . D21-F1 Attorneys for Plaintiffs. - t