THE FOLK COUNTY OBSERVER, TUESDAY, JANUARY 4, 1916.
NTV
X
1
Her Polk coun
iras in McCoy
ri is now run
Show in Mon-
"5
t the Christmas
j i Karl at Leba-
in and wife were
week.
iom visited his
e holidays. Roy
iri Business col-
: t Henry Pomes '
1 attended. The
(i with an oyster
t. ;j
me of the star bas-
' t as Bethel liigli
:1 relatives in Sa
lt k.
: wife of Seovely,
visiting their par
!. P. A. Rhode
Tent ; the holidays
dr. and Mrs. John
Cubbard visited his
the holidays.
a popular student
l was dangerous
yp the early part
is now able to be
. '
Rickreall shipped
to Portland last
linger has just re
lit to relatives at
tt says, "It is fine
land of living."
,Coy -attended the
Faist held at Salt
t week.
it in Shop.
his interest' in the
this week, W. W.
partner out. Mr.
inae the business
11 still make his
.Herald.
dollars, attorneys fees, and the fur
ther sum of Tea 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
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 cash in hand on day of sale,
all the right, ititle 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.
5008 in Township 8 South of Range
6 West of the Willamette Meridian,
in Polk County, Oregon, thenee 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 77.1a acres
more or less, all in Polk County, Ore
Said sale being' subjeoir to redemp
tion in the manner provided by law,
and the proceeds thereof to be ap
plied to thepaymat of the afore
said judgmentN--''
Dated this 28th day of December,
1915.
JOHN W. ORR,
Sherif of Polk County, Oregon.
SIBLEY & EAKIN,
Attorneys for Plaintiff. D28-J25
vith WASTE?
' tees to Return
-o-na Does
i You.
to sell a medicine
9 come in nfter
"w much good it
,1 Conrad Staf
jist to a Polk
i, i"and that is
i recommend Mi
r raedy. I have
; article that I
e it in the fu
the money to
ona whom it
lay seem rash
said so many
? that I do not
ckages return-
ADMINISTRATOR'S OR EXECU
TOR'S NOTICE OP HEARING
OP 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 or folk County, State of Ore
gon, and that the Jlst dayf Janu
ary, 1916, at the hour of Ji o'clock a.
m.. has been liulv -annomited hv such
Court for the hp aring"of objections to
such final accoitaMGid the settlement
thereof, at whictr time any person in
terested in such estate may appear
and hie objections thereto in writing
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 Polk County will receive bids
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.
The court reserves the right to re
ject any and all bids.
By order of the County Court.
Dec.21-Jan.ll
, .TTLEMENT.
"i that the nrt
( ok, executrix
1 1 Testament of
tsed, has filed
ot rolkCouiitv
''"t tfith said
rix, and the
drt of said
n layJ the 29th
i, at tie hour of
forenc m of said
lie Coi nty Court
ouse i ehe City
nty, C regon, as
"Sections to
i for the settle-
X M. cook!"
Will and Tes
i. Cook. Deceas-
.;, r
. -D5I-J.28
j'OF SALE,
t that by vir
ed out of the
te of Oregon.
23rd day of
me directed
was enrolled
i of theCleTk
d day of De
un suit then
Vjort wherein
ff and James
Wilson, his
.ty Bank, an
defendants,
lent was ren-above-named
and against
'ants, James
Wilson, his
ty Bank, an
Two Thou-y-six
and 60
with interest
lav of .July.
( 8) per cent
-$ier ram of
i ($200.00)1
CITATION.
In the County Court of the State of
Oregon for Polk County.
In the matter 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 E.
Wickham, and the 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,
ipspsia, whose you are hereby cited and required to
ffill, and who appear in the County Court of the
9 what he can state or uregon in and ror the County
e 50 cents de- of Polk, at the Courtroom thereof in
take home a the city or Dallas, in said County, on
i remedy does Monday, the 7th. day of February,
ion and help 1916, the same being the first day of
withdraw his t'le February, 1916, term of said
V Court, at the hour of ten o clock in
i in the merit the forenoon of said day, then and
f a. most nn- there to show cause, if any exist, why
rapid increase an order as prayed for in the petition
dtafrin'intro- f Anna Q. Olmsted, as executrix of
that jfc does 9ald estate, hied herein on this day,
iA should not Via frnjtnto1 tv Aha ojviil dtii.
stion and en- cutrix to sell the following described
s to eat iust pan or me real estate or said ce-
fear of tron- ceased at private sale for cash for the
D28-J4 purpose or raising tunds sullicient tor
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 yo. z, in Block mo. , in
Ready 's Addition to the town of
Waldport, W Lincoln County, State
of Oregon :
Also, befjnning at the Northwest
corner of tlie William J. Berfy Dona
tion Land Claim, No. 53, in Township
10 South. Ranee 5-IV'est. in Polk
County, OrArorv-and running thence
West 16.722 JEains; thence South 33.
631 chains, and thence North 35 de
grees, uo minutes nest b.bos chains
to a point which is the beginning
point of the tract hereby described;
irunning thence north 54 degrees 55
minutes riast 11. 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 do degrees, uo 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 H.152 chains use from
the Northwest corner of said Wil
liam J. Berry Donation Land Claim,
and running thence South 54 degrees
55 minutes West 22.50 chains to an
oak stake; thence North, 35 degrees
05 minutes West 13.333 chains to an
oak stake; thenee North 54 degrees
55 minutes East 11.25 chains to an
oak take; thence North 35 degrees
05 minutes West 8.888 chains; thenee
North 54 degrees 55 minutes East
11.25 chains; thenee South 35 degrees
05 minute East 22.222 chains to the
place of beginning, containing 40
arm, more or leas.
Witness the Hon. X 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. Jit.
Clerk of aaid Court.
(Seal of County Court) 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 WaiJ.SJ of 1915 Street
Improvement Bonds of the City of
Dallas, Polk County, Oregon, as au
thorized by Ordinance Mo. Ho4
said City, will be received by the un
dersigned Auditor and Police Judgi
of said City, until 6:30 o'clock p. m
on Monday, January 10, 1916. Said
bonds will be ninetv-eieht (aol
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
lab day or January and the 17th day
of July of each year; both principal
and interest to be payable in United
states uold Coin ot the present stand
ard or weight and tineness, at the Dal
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
or the race value thereot and the nc
crued interest to the date of such pay
ment, at any semi-annual interest per
iod at or atter one year trom the date
of said bonds, Jo-wit : At off after on
year from the 7th day of July, 1915,
The above-named bonds; will be soli
to the highest bidder, byhe said City
or Dallas, at tuehour ot 8 o'clock p,
m. on Monday, the 10U1 dav of Janu
ary, 1916, in the Council Chamber in
said City, the biffs must state th
rate or interest, not exceeding six
(bl 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 dav
of their date to the date of their
delivery. Said delivery of said bonds
will be made at the office of the City
Treasurer or 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 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, Uregon.
Done by order of the City Council
of the City of Dallas, Polk Couutv,
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 Conn
ty, Oregon, this 10th day of Decem
ber, A. U., 1U10.
(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. Notice is hereby given that sealed
bids for the purchase of the whale or
any part of $2851.88 of 1915a'Sow
Avenue Improvement Bondsfof he
City of Dallas, Polk County, tf)rein. i
as authorized by UrdJodnce ho. I;.o
of said City, will beceivediby the
undersigned Auditoo4n4 PoIicMudge
of said City, until (ranjoVlocB p. m.
on Monday, January id y916. Said
bonds will be twenty-eiMt (28) in
number and in denoniinations of
$100.00 each. Each of said bonds
will be date! October 20, 1911, pay
able in ten (10) years from date, and
will bear interest at a rate nvt to ex
ceed six (6) iter cent, per arnum, in
terest to be payable semi-antially on
the 20th day Vol April agQ the 20th
day of Octobtr of each year; both
principal and interest toTie payable in
United states I fold t ain of the pres
ent standard of weiabt and fineness.
at the Dallas City bank in the City of
Dallas, Polk County, Oregon, without
charge, cost, orytxpense 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, bv the said City
or Uallns, at the boar or 8 o'clock p.
m. on Monday, the 10th day of Janu
ary, l410, in the Council Chamber in
said City. The bids mast state the
rate of interest, not exceeding six (6)
per eent. per annum; but said bonds
hall 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 tbeir delivery.
Said delivery of aaid bonds will be
made at the office of the Citv Treas
urer of tb aaid City of Dallas, Polk
County. Oregon.
The City council of the 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 Judge,
Dallas, Polk County, Oregon.
Done bv order or the City Council
of the City or Dallas, Polk county,
Oregon, made and entered of record
on the 6th day or December, Wlo.
Witness my hand and the otlicial
seal of the City of Dallas, Polk Coun
ty, Oregon, this 10th day of December,
A. v., iaio.
Seal CliAS. GrtKCHJltY,
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 Ore?on
for Marion County, on the 14th day
of December, 1915, and to me lireot
ed upon a judgment that was enrolled
and docketed m the oflice or 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 and
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, tor Twenty-Three
Hundred Three and 66-100 ($2303.66)
dollars, with interest thereon from (he
9th day of June, 1915, at the rate of
eight (8) per cent per annum, and tiie
further sum of One Hundred Seventy-
Five and no-100 ($175.00) dollars,
now due on said judgment, with in
terest at the rate of six (b) 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 tho hour of 1 o'clock
m. ot 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 lor
cash in hand on day of sale.' all the
right, title and interest frtid estate
which said defendants hive and all
persons claiming under Jmem have in
or to the hereinafter described prem
lses, and evei
Said property is described as fol
lows: Lots one () and two (2). Block
B" West SalemVall in Polk County.
Oregon.
Said sale being subject to redemp
tion in the manner provided bv law,
and the proceeds thereof to be applied
to the paymenfcof the aforesaid judg
ment.
Dated this 21st dav of December,
1915. JOHN W. ORR.
Sheriff of Polk Countv. Oreeron.
CHAS. E. LENON,
Attorney for Plaintiff D.21-J.18
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 satiBiy said execution, 1 will, on
Friday, the 31st day of December,
1915, at the hour of One o'clock
m. of said day at the front door of
the Court House at Dallas. Oreeron,
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
olaiming under them have in or to the
hereinafter described premises, and
every part thereof.
said property is described as fol
lows :
Lot No. 8, in Block No. 12, King-
wood Park, Polk Countv. 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,
fUUUrJ & fAUK,
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
or December, 1915. appointing said
W. T. Macy as administrator of the
estate of Sherman Whitson Scroggin,
deceased. All persons haying claims
against said estate wilj' present the
same to the undersigned at McMinn
ville, Oregon, withproper vouchers
annexed within six months from the
date of thi;
Dated thisyllth 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 TO CREDITORS.
Notice is hereby eiven 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 Hatha
way Yocom, deceased, and has ouali
tied.
All persons havingclaims against
the said estate are hffreby required to
present them, duly erified, with the
proper vouchers, within six months
from the date of tiis notice, to Oscar
llayter, attorney Aor the undersigned
administrator; jfl his law offices
Dallas City Bank Building, 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 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, 1916,4(1 the hour
of 10 o'clock'ta. m. of $tid day as the
time and theJjCountvXiourt Room in
the County Cburtlouse, in Dallas,
in Polk Countyy0regon, 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.
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 suU then
pending in said court whejein May
C RirnM wu nlu'ntiff. And O. M.
Douglas and Leona Mv Douglas, his
wife, Kingwood Park yCo, a corpora
tion, and A F. Davis were defend
ant's, a ju'lrroentwaa rendered in
favor of tbetabote named plaintiff,
and against tae Above named defend
ant 'a, for Twelve hundred sevrarv
one and no-VO Dollars ($1271.00)
with interest (hereon at the rate of
8 per eent per annum from the 22nd
day of November, 1915, and the far
ther sum of One hand red twenty-fire
and no-100 Dollars ($125.00), with
interest tnereon at ths rate of 8 per
eent per annuls from the 22nd day of
November, 1915, and tb farther sua
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 Uregon corporation, Florence Page,
W mitred 1. Dosch, Charles G. 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. 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-
rendants above named:
In the name of the State of Oregon
you are hereby required to appear
and answer the complaint tiled 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 have judg
ment for the sum of five thousand
four hundred fifty-six and 48-100 dol
lars ($5,456,48), 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 of 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
lhe 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 (NVz) of
lot twenty-three UH) ; lot seventeen
(17) ; the southeast two and sixty-five
hundredths (S. Ej.2.65) acres of lot
ten (10), as hereinbefore specifically
described; the southwest two and six
ty-five hundredUit (S. W. 2.65) acres
of lot ten (10), Ai hereinbefore specif
ically described -,'the east half (K.1)
of lot twenty (20) ; lot eighteen (18) ;
the south bslf (S.2) of lot twenty
three (23) ; lot fifteen (15) : the south
half (S.V2) ot lot sixteen (16); the
west half IWV2) 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
A Trust Company, defendant, and
farther that plaintiffs' morteaire 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 arrtement, 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 ander said trust
agreement, in and to any of the prop
erty covered by aaid trust agreement ;
that toe 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 said 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 tor 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 benehciaries, 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 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 exeeu.
tion, and the proceeds of said sale bs
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 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) ; pur
chaser, A. It Dennett ; date, July 5,
1911; amount unpaid, $369.57.
Description, South half (tsVn) 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,V2) 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 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 Bale 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 sb 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, v .
except the statutory right of redemp-
tion in and to the real property 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 upon the pro
duction of the certificate of sale, and
that the plaintiffs have such other and
further relief as to the eourt may
seem equitable and just
This summons is published in pur
suance of an order of the Hon. Harry :
n. Belt, Judge or the above entitled
court, which order is dated December
17, 1915, and which order prescribes
that this s amnions be published in
the Polk County Observer, a newspa
per of general circulation in the Coaa-
ty of Polk and btate of Oregon, ones
each week, for six it) sneeeasive
weeks. Date of first publication, De
cember 21, 1915; date of last publica
tion, I ebraary i, I'.no.
ANGELL ft FISHER.
D21-F1 Attorneys for Plaintiffs.