I
THE FOLK COUNTY OBSERVES, TUESDAY, JANUARY 4, 1916.
JJNTY
I
jrmer Polk coun
I was in McCoy
ken is now run
tie show in Mon-
f
ttilt the Christmas
t Earl at Leba-
and wife were
eek.
jem visited his
he holidays. Roy
im Business col-
HeniT Pomes'
( attended. The
fiwith an oyster
i of the star bas-
tfie Bethel Higl
" relatives in Sa-ek.
wife of Scovely,
visiting their par-
. J)'. A. Khode
vat the holidays
IrJ and Mrs. John
ubbard visited his
the holidays.
a popular student
ol.was dangerous-
r)i the early part
a now able to be
Bickreall shipped
to Portland last
ager has just re
; j to relatives at
i isays, "It is fine
nd of living."
oy attended the
aist held at Salt
; feek.
t in Shop.
list interest in the
this week, W. W.
plirtner out. Mr,
nue the business
.If still make his
.Herald.
t
?ITH WASTE?
ntees to Return
t-o-na Does
I You.
sell a medicine
come in after-
much good it
d Conrad Staf
jgist to a Polk
X, "and that is
iecommend Mi
emedy. I have
t article that I
it in the fu
(J the money to
i-o-na whom it
may seem rash
s said so many
that I do not
aekages return-
i
jrspspsia, whose
well, and who
to what he can
Ve 50 cents de-
take home a
he remedy does
Ition and help
(.withdraw bis
th in the merit
Uy a most un
f rapid increase
' Stafrin'in tro
ws that j does
to "do rejieves
restion and en
it to eat just
o fear of tron
y D28-J4
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; na wnereas it was
further ordered and decreed by said
iCourt that the following property
should be sold by me to satisfy said
execution, I will, on Saturday, Janu
ary the 29th, 1910, 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 oash in nana on day or 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 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 Polk County, Ore
Said sale being subjeor to redemp
tion in the manner provided by law,
and the proceeds thereof to be ap
plied to thepaymaflt of the afore
said .iudgmentN
Dated this 28th day of December,
1915.
JOHN W. ORR,
Sherif of Polk County, Oregon.
SIBLEY & EAKIN,
Attorneys for Plaintiff, D28-J25
ADMINISTRATOR'S OB 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 31st dayyf Janu
ary, 1916, at the hour otJ) o'clock a.
has been amy appointed by such
Court for the lieariWof objections to
such final accoitnMlnd the settlement
thereof, at whien time any person in
terested in such estate may appear
and file objections thereto in wnting
and contest the same.
ALICE E. PAGE,
. Administratrix of the Estate,
D24-J21
NOTICE TO CONTRACTORS.
Notice is hereby given to whom it
may concern that the Honorary Court
of Folk County will receive bids on
Saturday, January 15, 1018, 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.
The court reserves the right to re
ject any and ail bids.
By order of the County Court.
Dec.21-Jan.ll
ETTLEMENT.
?n that the nrt
Jook, executrix
Testament of
eased, has filed
1 PolkCounty.
'Mint with said
(Strix, and the
jua? ! oi saia
rday the 29th
, at t, e hour of
forenr in of said
lie Coi nty Court
ause i ehe City
'ty. C regon, as
oiijctions to
4 for the settle-
"N M. COOK
Will and Tes
. Cook,Deeeas
r J D..71-J.28
1 OF SALE.
m that by vir
aed out of the
srte of Oregon,
le 23rd day of
to me directed
was enrolled
ee of the Clerk
Snd dyr of De
tain suit then
Court wherein
ityf and James
Wilson, his
City Bank, an
re defendants,
ment waa ren-
above-named
and against
ximU, James
i Wilson, his
3ty Bank, an
Two Thou-ty-six
and 60-
wita interest
dT of July.
(8) per eent
s tliei mm of
100 (900.00) i
CITATION,
In the County Court of the State of
Oregon for Folk County.
In the matter of the estate of James
B. Olmsted, deceased.
To Anna O. Olmsted, Merle Crane
Evans, (formerly Olmsted,) Eva M.
(formerly Olmsted,)
Gertrude W. O. Conover, Winifred B.
Skidmore, (formerly Evans,) Ida E.
Wickham, and the unknown heirs of
L. W. Stewart, deceased, described in
the will et decedent as "son by adop
tion, heirs and devisees or 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 ot the
State of Oregon in and for 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, 1916, term of said
Court, at the hour of ten o'clock in
the forenoon of said day, then and
there to show cause, if any exist, why
an order as prayed for in the petition
of Anna Q. Olmsted, as executrix of
said estate, filed 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 suflicient for
the payment ot the funeral charges,
expenses of administration, and
claims against the said estate, which
real property is described ats follows,
to-wit:
Lot No. 2, in Block No. 2, in
Keady's Addition to the town of
Waldport, Yin Lincoln County, State.
ot Oregon: I
Also, beginning at) the Northwest
comer of thje William J. Berry Dona
tion Land Claim, No. 53, in Township
10 South, Range 5--AVest, in Polk
County, Orsiroiv-nd running thence
West 16.722 Wains; 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 jbast 11.23 chains; thence
North 35 degrees uo 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 M acres,
more er less:
Also, beginning at an oak stake
driven in the ground 31.347 chains
South and 9.152 chains 186 from
the Northwest corner of said Wil
liam J.t Berry Donation Land Claim,
and running thence South 54 degrees
5a minutes West S1.00 chains In an
oak stake; thence North 35 degrees
05 minutes West 13..J.IJ chains to an
oak stake; thence North 54 degrees
55 minutes East 11.25 chains to an
oak take; thence North 35 degrees
05 minntes West 8.888 chains; thence
North 54 degrees 55 minntes East
11.25 chains; thence South 35 degrees
05 minutes East 22.222 chains to the
place of beginning, containing 40
acres, more or less.
Witness the Hon. J. B. Teal. Judge
of the County Court of the State of
Oregon for the County of Polk, with
the seal of said Court affixed, this
22nd day of December, 1915.
A. B. ROBINSON. JR.,
Clerk of said Court.
(Seal of County Court) D2J21
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. Oreeon, as au
thonzed by Ordinance JNo. or
said City, will be received by the un
dersigned Auditor and Police Judge
of said City, until o:dU o'clock p. m,
on Monday, January 10, 1916. Said
bonds will be ninety-eight (yoj 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 (01 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 Uold Coin of the present stand
ard of weight and fineness, at the Dal
las City bank in the city or. Uallas,
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 iace value thereof and the ac
crued interest to the date of such pay
ment, at any semi-annual interest per
iod at or alter one year trom the date
of said bonds, Jo-wit : At or after nns
year from the 17th day ofJuly, 19 a.
The above-nahied bonds will be sold
to the highest bidder, by the said City
of Dallas, at thehour ot a o clock p.
m. on Mondav. the lUti dav of Janu
ary. 1916. in the Council Chamber in
said City. The bias must state thi
rate of interest, not exceeding six
(u) per cent, per annum; but said
bonds shall not be sold for less than
their face value, together with the ao
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 Dallas,
Folk County, Oregon.
The City Council of the City of Dal
las, Polk County, Oregon, hereby re
serves the right to reject any or nil
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, Folk
County, Uregon.
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, 191o.
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 1915ljgdow
Avenue Improvement Bonds)f he
City of Dallas, Polk County, jprednn.
as authorized bv Ordinance Ko.
of said City, will beyAceivedlbvthe
undersigned Auditorani PolicMudge
of said City, until OrStHo VlocU p. m,
on Monday, January 10L916. Said
bonds will be twentv-eStrnt (28) in
number and in denominations of
$100.00 each. Each of said bonds
October 20, 191, pay-
'te, and
to ex-
um, m-
ually on
the 20th
ar; both
terest tobe payable in
of the pres-
t and fineness.
in the City of
y, Oregon, without
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 Charles
Gregory, Auditor and Police Judge,
Dallas, rolk County, Oregon.
Done by order of the City Council
of the City of Dallas, Polk County,
Oreeon, made and entered of record
on the btn day of December, ltfia.
Witness my hand and the othcial
seal of the City of Dallas, Polk Coun
ty, Oregon, this 10th day of December,
A. D., 1910.
(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 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 plaintiti aid
Salem Fruit Evaporator Company, a
corporation, and F. W. Waters were
defendants, a judgment was rendered
in favor of the above named plain
tiff. Theo. M. Barr, and against the
above named defendants, Salem Fruit
Evaporator Company, a corporation,
and F. W. Waters, for Twentv-Three
Hundred Three and 66-100 ($2303.66)
dollars, with interest thereon from the
9th dav of June, 1915, at the rate ot
eight (8) per eent per annum, and the
further sum ot One Hundred Ncventy
Five and no-100 ($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
ISighteen and no-luo ($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
m. of said nay at the front door
ot the County 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 hve and all
persons claiming under Jniem have in
or to the hsiinafter dcribed prem
lses, and eve
Said propei'V is described as fol
lows: Lots one () arid two (2), Block
B" West SalemTall in Polk County,
Oregon.
baid 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 dav of December,
1H15. , JOHN W. OrtK,
Sheriff of Polk County, Oregon.
CHAS. E. LEJNON,
Attorney for Plaintiff D.21-J.18
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,
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 for 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, 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. ORR,
Sheriff of Polk County, Oregon.
POGUE & PAGE,
Attorneys tor 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, 1915, appointing said
W. T. Macy as administrator of the
estate of Sherman Whitson Scroggin,
deceased. All persons having claims
against said estate wijpresent the
same to the undersigpea at McMinn
ville, Oregon, with?proper vouchers
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 iffillui-
way Yocom, deceased, and has Quali
fied.
All persons havingclaims against
the said estate are hereby required to
present them, duly erified, with the
proper vouchers, within six months
from the date of tnis notice, to Oscar
Hayter, attorney Aor the undersigned
administratorft his law omces in
Dallas City Bank Building, in Dallas,
Oregon.
Dated and first published Decem
ber 17, 1915.
WILLIAM A. YOCOM,
Administrator of the estate of
Hathawav Yocom, deceased.
OSCAR HAYTER,
Attorney for administrator. D17-J14
will be date,
able in ten
will bear int
ceed six (6)
terest to be pkyable semi-
the 20th day
day of Octobl
principal and i
United States
ent standard
at the Dallas
Dallas, Polk
charge, cost, oiixpense to the pur
chaser or holder of said bonds.
The said City of Dallas, Polk Coun
ty, Oregon, hereby reserves the right
to take np 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 bonr of 8 o'clock p.
m. on Monday, the 10th day of Janu
ary, 1916, in the Council Chamber in
said City. The bids mast state the
rate of interest, not exceeding six (6)
per eent. per annum; bat 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 Citr Treas
urer of the said City of Dallas, Polk
County. Oregon.
The City council of the City of Dal-
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, 1916,1 the hour
of 10 o'elockifl. m. of yid day as the
time and theCounhjourt Room in
the County Curt blouse, in Dallas,
in Polk CountyflTegon, as the place
for hearing said Final Account 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.
annexed wil
date of this)
Dated th
1915,
hin
months from the
11th day of December,
W. T. MACY,
Administrator estate Sherman Whit
son Scroggin, deceased.
HOLMES & PEARCE,
Attorney for estate, McMinnville,
Oregon. Dec.l7-Janl4
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 sy.it then
pending in said court wherein May
n lt.mM w nlintifF And ft M
Douglas and Leona MyDouglas, his
wife, Kingwood Park Co, a corpora
tion, and A F. Davis were defend
ant's, a ju,lrroent waa rendered in
favor of thel above named plaintiff,
and against tfce Above named defend
ant 'a, for Tave hundred seventy
one and no-ytO Dollars ($1271.00)
with interest thereon at the rate of
8 per eent per annum from the 22nd
day of November, 1915, and the fur
ther sum of One hundred twenty-five
and no-100 Dollars ($125.00), with
interest thereon at th rate of 8 per
eent per anowa from the 22nd day of
November, 1915, aad the further sum
SUMMONS.
In the Circuit Court of the State of
Oregon, for the County of Polk.
W. W. Fawk and Mary V. Fawk
plaintiffs, vs. Title & Trust Company,
an Oregon corporation, Florence Page,
Wmitred 1. Dosch, Charles U. Benson,
W. H. McNair, B. M. Benson, First
National Bank of Ashland, Oregon
an Oregon corporation, Clarence C.
Murton, J. Syd McNair, Ernest P.
Dosch. C. C. Page, T. L. Mclntyre,
Walter A. Bandimere. Herman Pales
ter, Margaret Cohen, C. a. Vaughn
and E. J. Carlson, defendants.
To Florence Page, J. Syd McNair,
C. C. Page, T. h. Mclntyre, Walter
A. Bandimere, Herman Palester, C.
B. Vaughn and E. J. Carlson, De
fendants above named:
In the name of the State of Oregon
you are hereby required to appear
and answer the complaint filed against
you in the above entitled suit, within
six (bl weeks trom December al
1915, the date of the first publication
of this summons, and if you fail to
answer tor want thereof, the plain
tiffs will apply to the court for the
relief demanded in the complaint in
this suit, to-wit:
1. That the plaintiffs have judg
ment for the sum of five thousand
four hundred fifty-six and 48-100 dol
lars ($o,40b,48), with interest there
on at the rate of eight per cent.
(8) per annum, from November
21st, 1915, until paid, and the fur
ther sum or six hundred dollars
($600.00) as their attorneys' fees for
the collection of the note hereinbe
fore described and the foreclosure of
the trust agreement and mortgage set
forth in this 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
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 (NV2) of
lot twenty-three CZ3 ) ; lot seventeen
(17); the southeast two and sixty-nve
hundredths (S. El. 2.65) acres of lot
ten (10), as hereinbefore specifically
described ; the todthwest two and sixty-five
hundredUii (S. W. 2.65) acres
of lot ten (10), tJ hereinbefore specif
ically described ,the east half (E.V2)
of lot twenty (20) ; lot eighteen (18) ;
the south half (S.i2) of lot twenty
three (23); lot fifteen (15); the south
half (S.y2) of lot sixteen (16); the
west half (Wy2) of lot fourteen (14) ;
lot three (3) ; and the north half
(N.y2) 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
& Trust Company, defendant, and
further that plaintiffs' mortgage 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 beneficiaries thereunder, and
also all of the right, title and inter
est of the defendants, or any one of
them, as beneficiaries under said trust
agreement, in and to any of the prop
erty covered by said trust agreement ;
that the said real estate above de
scribed, including the warehouse at
Crowley Station, hereinbefore de
scribed as being covered by the lie
of plaintiffs' mortgage, be sold in a
manner provided by law, and the pro
ceeds of Baid sale be applied toward
the payment of the costs of this sale
and toward the costs and disburse
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
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,
when sold 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 provided by '
decree of this court, that in that
event, the interests of the defendants
and all of them, as beneficiaries, or
otherwise, in the contracts for the sale
of lands covered by the said trust
agreement which have been hereto
fore contracted to be sold by the said
Title & Trust Company, defendant,
and which contracts of sale are out
standing, and any other rights or in
terest of tne defendants, or , any or
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 plaintiffs' '
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 Tit!e
& 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 :
DescriDtion. Lot eierhteen (IS) : pur
chaser, A. H. Dennett; date, July 5,
1911; amount unpaid, $369.57.
Description, South half (Sy2) of
lot twenty-three (23) (as hereinbe
fore more specifically desoribed) ; 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,y2) of
lot fourteen (14) ; purchaser, Jessie
B. Grabb; date, January 17, 1913;
amount unpaid, $469.51.
Desoriptfon, 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.Ud.
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 said
contracted lands at such foreclosure .
sale shall be merely subrogated to the
rights of the beneficiaries of the said
trust agreement in said contracted
lands, and that said foreclosure shall
not in any wise affect the rights and
powers of said Title & Trust Company
to continue to perform its said con
tracts of sale and receive 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 foreclosure.
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 &
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 property de
creed to be sold nnder 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 upon the pro
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.
This summons is published in pur
suance 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 ia
the Polk County Observer, a newspa
per of general circulation in tbs Coun
ty of Polk and State of Oregon, one
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.