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