THE FOLK COUNTY OBSERVER, FRIDAY, DECEMBER 31, 1915.
Al':
0
00 i
i
"3
rto'
4
5T0CKMEN MEET JAN. 6
President hawley announo
i es splendid program.
3everaT Active Members of Pare
fc Bred Livestock Association to
I Deliver Addresses.
The Oregon Pure Bred Livestock
association will hold its regular semi
annual meeting at Corvallis on the af
ternoon of January 0. Several ac
tive members of the association have
ieen seleoted to discuss important
subjects before the convention, some
of which will pertain to prizes ana
entries for the annual state fair.
-, President C. L. Hawley of McCoy
and Secretary N. C. Mans of Portland
announce the following program for
he Corvallis meeting:
Address by President Hawley on
Oregon at P. P. L Exposition."
Reports of committees and other
gular business.
i "What Can the Oregon Pure Bred
avestock Association Do to Make the
rganization of Greater Value to (the
livestock Industry in the State?" I.
N. Staples, Portland.
"The Possibilities of Beef Produc
tion in Oregon," I. D. GrahamPort
land. '"Shall We Have Early Closing of
Entries and an Official Catalogue alt
the State Fairt" C. P. Hembree,
lUonmouth; Frank Brown, Carlton.
t' Shall the Agricultural College
Compete with the Breeders in Open
lass at the State FairV E. L. Pot-
ft Corvallis.
f'What Is the Proper Size of State
r vir Prizes on the Different Breeds of
i ock?" C. E. Cleveland, Gresham;
W. Hogg, Salem.
Two minutes speech by each one
7 resent on the subject of mosit rmpor
tcace to the spealcer.
'i Circuit Court Here Soon.
Judge Belt will open circuit court
5 1 iregular Isiession alt AloMjnnvlllc
"i Monday with a light docket. The
1 til-Branson murder case will be
t id Ithe second time at the Februi
i r term of court. On the second
1 nday in January Judge Belt will
a the regular term of court here
1 . try several cases. The local dock
. is not a heavy one, and for the
it part will consislt of divorce hear-
3NEY TROUBLE LEADS
TO TERRIBLE TORTURES
undreds of sufferers from pains in
i back and sides, bladder and urin-
disorders, lumbago, rheumatism,
iness, puffy swellings . under the
or in the feet and ankles, ner
sness, tired or worn-out or head
y feeling, don't seem to realize
t the greater part of all sickness
y can be avoided by keeping the
leys working properly. If you
r from any of the many agonies
X accompany weak, clogged-up or
used kidneys you should not neg
s yourself another day and run tlhe
of serious complications. Secure
ickage of bplvax, the wonderful
kidney remedy, which is very m-
nsive yet acts quickly and surely
le seat of the trouble. You'll be
ised how entirely different you 'II
in a very short time.
doesn't matter how long you
suffered, how old you are, or
you have used. 1 he very prin
of Solvax is such that it is prac-
y impossible to lake it into the
a system without beneficial re-
rax has been so uniformly sue
1 that Conrad Stafrin will in
i sell it under a positive guaran
relief or refund the money.
3E OF FINAL SETTLEMENT
ee is hereby given that the un
jed, Helen .M. Cook, executrix
1, Last Will and Testament of
17.0 D. Cook, deceased, has filed
i County Court of rolk County,
n. her final account with said
. 'vi as such Executrix, ana the
n. John U. leal, Judge of said
has fixed Saturday, t 20th
I 06 January, 1916, at theiour of
i o 'clock in the forenoon ot said
f v at the time hnd the Owfhty Court
jj nm at the Court House in ehe City
I 1 Has, Polti- County, Oregon, as
a "i i ace for hearing objections to
1 i lal account and for the settle-
t ot said estate.
I HELEN M. COOK,
utrix of the Last Will and Tes
, of Alphonzo D. Cook, Deceas-
. L. CONNER,
sy for said Estate.
D.3W.28
IFF'S NOTICE OP SALE.
is hereby given that by vir
m execution issued out of the
Court of the State of Oregon,
k County, on the 23rd day of
er, 1915, and to me directed
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 OnuVwherein
lover was plaintiff imd James
on and GerttrudeWilson, his
d the Dal Ila Gfty Bank, an
eorporationl were defendants,
o. 4756) a Imgmeut was ren
i favor of the above-named
, Frank Glover, and against
re-named defendants, James
on and Gertrude Wilson, his
d the Dallas City Bank, an
corporation, for Two Thou-
Hundred Forty-six and 60
46.60) dollars with intercut
from the 14th day of July,
the Tale of eight (8) per eent
3n, and Che f us tliev son of
adred and. 09-100 ($200.00)
i
k
dollars, 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 following property
should be sold by me to satisfy said
execution, I will, on Saturday, Janu
ary toe 29th, 1916, at the hour of
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 cask in hand on day of sale,
all the rierht. 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.
Said 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, all 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 or the afore
said .judgment.
Dated this 28th day of December,
1915.
JOHN W. ORR,
Sherif of Polk County, Oregon.
SD3LEY & EAKIN,
Attorneys for Plaintiff. . D28-J25
ADMINISTRATOR'S OR EXECU
TOR'S NOTICE OP 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 31stday of Janu
ary, 1916, at the hour f 9 o'clock a.
m., has been duly appointed by such
Court for the hearing f objections to
such final, account aridj 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
CITATION.
In the County Court of the State of
Oregon for Polk County.
In the matter ot the estate ot James
B. Olmsted, deceased.
To Anna Q. Olmsted, Merle Crane
Evans, (formerly Olmsted,) Eva M.
(formerly Ulmstefl,)
Gertrude W. 0. Conover, Winifred B.
Skidmore. (formerly Evans,) Ida E.
Wickham, and tie unknown heirs of
L. W. Stewart, deceased, descnlied in
tlie 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 cited and required to
appear in the County Court of the
State of Oregon in and for the County
of Polk, at the Courtroom thereof in
the city of lallais, in said County, on
Monday, the 7th day of February,
1910, the same being the first day of
the February, 11)10, term ot said
Court, at the hoijr of ten o'clock in
the forenoon of jsaid day, then and
there to show cause, if any exist, why
an order aanrayed for in the petition
of Anna Q7lnited, as executrix of
said estate, fiW 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 of 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
Waldport, in Lincoln County, State
of Oregon:
Also, beginning a-t the Northwest
corner of the William J. Berry Dona
tion Land Claim, No. 53, in Township
10 South, Range 5 West, in Polk
County, Oregon, and running thence
West 16.722 chains; thence South 33.
631 chains, and thence North 35 de
grees, 05 minutes West 8.888 chains
to a point which is the beginning
point of the tract hereby described;
irunning thence north 54 degrees 55
minutes East ll.VJo 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 .Last 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 tf.loJ chains East from
the Northwest comer of said Wil
liam J. Berrjr Donation Land Claim,
and running thence South 54 degrees
bo minutes West Z2.5U chains to an
oak stake; thence North 35 degrees
05 minutes West 13.333 chains to an
oak stake; thence North 54 degrees
5d minutes Last 11.2o chains to an
oak stake; thence North 35 degrees
05 minutes West 8.888 chains; thenee
North 54 degrees 55 minutes East
11.25 chains: thence South 35 degrees
05 minutes East 22.222 chains to the
place of beginning, containing 40
acrm, more or less.
Witness tb Hon. J. B. Teal. Jndtre
of the County Court of the State of
Oregon for the County of Polk, with
the seal of said Court affixed. Uus
22nd day of December, 1915.
A. B. ROBINSON, JR,
Clerk of said Court.
(Seal of County Court) D24-J21
NOTICE TO CONTRACTORS.
Notice is hereby given to whom it
may concern that the Honorary Court
of folk County will receive Dids 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 bids for
fencing this change. i
The court reserves the right to re
ject any and all bids.
By order of the County Court.
Dec.l-Jan.ll
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 rouce judge
of said City, until 6:30 o'clock p. m.
on Monday, January 10-, 1916. Said
bonds will be ninety-eight in
number and in denominations of
$100.00 each. Each of said bonds
will be dated July 17, 1015, 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 Dal
las City bank in the city ot Dallas,
Polk county, Oregon, without charge,
cost, or expense to the purchaser ot
holder of said bonds. 4
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-1
ment, at any semi-annual interest per
iod at or alter one year from the date
of said bonds, to-wit: At or after out
year from the 17th day of July, 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 u,
m. on Monday, the 10th day of Janu
ary, 1916, in the Council Chamber in
said City. The bids' must state thn
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
lelivery. Said delivery of said bonds
will be made at the ofiice of the City
Treasurer of the said City of Dal(as,
Polk County, Orei?Sn.
The City Council orTnTOty of Dal
las, Polk County, Oregon, hereby re
serves the right to reject any or all
bids. ?
Bids must be marked "Bids for
1915 Street Improvement Bonds," ac
companied by a certified check for ten
(10) per cent, of the amount bid, and
addressed to Charles Gregory, Audi
tor and Police Judge, Dallas, Polk
County, Oregon.
Done by order of the City Council
of the City of Dallas, Polk County,
Oregon, 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, POLE COUNTY, ORE
GON. Notice 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 be received by the
undersigned Auditor and Police Judge
of said City, nti 6:30 o clock p. m.
on Monday, January 10, 1916. Said
bonds will be twienty-eight (28) in
number and in Vdcnominations of
$100.00 each. Eah of said bonds
will be dated October 20, 1915, pay
able in ten (10) yea from date, and
will bear interest at aHate pot to ex
ceed six (6) per cent. peTSnnum, 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 of
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 year 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 Janv
arv. 1916, in "the Council Chamber in
sat3 City. The bids mnst state the
rate of interest, not exceeding six (6)
per cent, per annnm; but said bonds
shall not be sold for less than their
face value, together with the aeeraed
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.
Toe City eonnol of the City of im-
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, Polk County, Oregon.
Done by order of the City Council
of the City of Dallas, Polk County,
Oregon, 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 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 14th day
of December, 1915, and to me greet
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 old
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, forlTwentv-Tiiree
Hundred Three and 66-100 ($2303.66)
dollars, with interest thereon from the
9th day of June, 1915 at the rate of
eight (8) per cent pernnum, and tiie
further sum of OHe Hundred Seventy
Five and no-100 f$175.00) dollars,
now due on said judgment, wit.i 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-100 ($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 will, on Saturday, January the
22nd, 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 bidder jor
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 prem
ises, and every part thereof.
Said property is described as fol
lows: Lots one (1) and two (2), Block
"B" West Salem, all in Polk County,
Oregon.
Said Sale being subject 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. JU11N W. UKK,
Sheriff of Polk County, Oregon.
CHAS. E. LEIMUN,
Attorney for Plaintiff D.21-J.18
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 Lounly, ad
mmistrator of the estate of llnthn
way Yocom, deceased, and has ouali
fled.
AH persons having claims against
the said estate are hereby requited to
present them, duly verified with the
proper vouchers, within six months
from the date of this notice, to Oscar
Hayter, attorney for the rfiidersignei
administrator, at Bis law offices
Dallas City Bank BuNdi. in Dallas,
Oregon.
Dated and first published Decern
ber 17, 1915.
WILLIAM A. YOCOM,
Administrator of the estate of
Hathaway Yocom, deceased.
OSCAB HAYTEK,
Attorney for administrator. D17-J14
NOTICE OF FINAL SETTLEMENT.
Notice is hereby given that the un
dersigned has filed in the County
Court of the State 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 10 o clock a. m. of said day as the
time and the County Court Koom in
the County Court .House, in Dallas,
in Polk County, Oregon, at the place
for hearing said lifnyAceount and
all objections thereto.
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 Polk 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 Leona M. Douglas, his
wife, Kingwood Park Oo, a corpora
tion, and J. t. 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 At the rate of
8 per cent per snniira from the 22nd
day of November, VH5, and the fur
ther sum of One hundred twenty-five
and no-100 Dollars ($125.00), with
interest thereon at the rat of 8 per
eent per annum from the 22nd day of
November, 1915, and tha further sum
of Twenty-four and no-100 Dollars
($-4.00), 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, on
Friday, the 31st day of December,
191o, at the hour of One o'clock p.
m. of said day at the front door of
the Court House at Dallas, Oregon,
in J'olk County, sell at public auction
to the highest bidder for cash in
hand on day of sale, all the right
title and interest and estate which
saiil defendants have and all persons
claiming under them have in or to the
hereinafter described premises, and
every part thereof.
oaid property is described as fol
lows:
Lot No. 8, in Block No. 12, King-
wood Park, Polk County, Oregon.
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. JOHN W. OKK,
Sheriff of Polk County, Oregon,
POGUE & PAGE,
Attorneys for Plaintiff.
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, 191o, 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 MeMinn
ville, Oregon, with proper vouahers
annexed within six months from the
date of this notice. V
Dated this 11th day of December,
1915.
W. T. MACY,
Administrator estate Sherman Whit
son Scroggin, deceased.
HOLMES & PEARCE,
Attorney for estate, MeMinnville,
Oregon. Dec.l7-Janl4
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, Florence Page,
Winifred I. Dosch, Charles G. Benson,
W. H. McNair, B. M. Benson, First
National .Bank of Ashland, Uregon
an Oregon corporation, Clarence C.
Murton, J. Svd McNair, Ernest P.
Dosch, C. C. "Page, T. L. Mclntyre,
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. Mclntyre, 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 trom 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 ave judg
ment for the sum of fie thousand
four hundred fifty-six aOH 48-100 dol
lars ($5,456.48), with interest there
on at the rate of sight per eent.
(8) per annum, from November
21st, 1915, until pafl, and the fur
ther sum of six hundred dollars
($600.00) as theia fltorneys' fees for
the collection of stlie note hereinbe
fore described and the foreclosure of
the trust agreement and mortgage set
forth m tins complaint, and tor 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
The 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 (NVi) of
lot twenty-three (i); 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 sixty-five
hundredths (S. W. 2.65) acres
of lot ten (10), as hereinbefore specif
ically described; the east half (E.V.)
of lot twenty (20) ; lot eighteen (18) ;
the south half (S.12) of lot twenty
three (23) ; lot fifteen (15) ; the south
half (S.V2) of lot sixteen (16); the
west half (Wi2) of lot fourteen (14) ;
lot three (3); and the north half
(N.'2) 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 conveyed or con
tracted to be conveyed, by the Title
ft Trust Company, defendant, and
further that plaintiffs' mortgage be
declared to be a lien upon all prop
erty now in toe possession of the
Title & Trust Company, defendant.
held by them pursuant to the terms of
said trust agreement, and belonging
to the benencianes thereunder, and
also all of the right, title and inter
est of the defendant, or any one of
them, as beneficiaries under said trust
agreement, in and to any of the DroD-
erty covered by said trust agreement ;
that the aaid real estate above de
scribed, including the warehouse at
Crowley Station, hereinbefore de
scribed as being covered by the lien if
of plaintiffs ' mortgage,' be sold in a !
manner provided by law, and the pro-1
ceeds of said sale be applied toward
the payment of the costs of this sale j
and toward the costs and disburse- f
ments of this suit and the payment
ui aucu judgment ana decree as shall
be made herein in favor of the plain
tiffs, including attorneys' fees, and
the balance, if any, paid into court
for the benefit of whomsoever shall
be decreed by the court to be entitled
thereto.
3. That if the said unsold lands, i
wnen soia pursuant to the decree of
this court, shall not sell for enough
to pay the claims of the plaintiffs
herein in full, as shall be Drovided b
decree of this court, that in that
event, the interests of the defendants
and all ot them, as beneficiaries, or ?
otherwise, in the contracts for the sale
ot lands covered by the said trust
agreement which have been hereto- i
forecontracted to be sold bv the said
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 nav-
ment of the balance of the plaintiffs'
judgment and decree as shall be en
tered herein, and the balance, if anv.
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 and
having the amount due thereon for
each contract respectively, as follows:
Description, .Lot eighteen (18) : nur-
chaser, A. H. Dennett; date, July 5,
1911; amount unpaid, $369.57.
Description, Bonth half (SMJ 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.
McEnight, date, May 1, 1912; amount
unpaid, $138.56, .
Description, West half (W,y2) of
lot fourteen (14) ; purchaser, Jessie
B. Grabb; 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.y2) 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 beneficiar
ies therein, and the purchasers of taid
contracted lands at such foreclosure
sale shall be merely subrogatedo the
rights of the beneficiaries of (lie said
trust agreement, in said contracted
lands, and that said foreclosure shall
not in any wise affect thamghts and
powers of said Title & Trust Company
to continue to perforjor its said con
tracts of sale ana"feceive 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
Palester, 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, '
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 Si
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
& 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 redemp- , '
tion in and to the real projx-rty de- ?
creed to be sold under execution, and ;
that any party to this suit may be--come
a purchaser at said sale, and ...
that the purchaser be let into posses
sion of said premises npon the pro- '
duction of the certificate of sale, and '
that the plaintiffs have snch other and . ' -further
relief as to the court may -T
seem equitable and just.
This summons is published in pur- ;
suanee of an order of the Hon. Harry
H. Belt, Judge of 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 ft FISHER.
D21-F1 Attorneys foi Plaintiffs.
P
if
'ir-
!
Id