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About Polk County observer. (Monmouth, Polk County, Or.) 1888-1927 | View This Issue
THE POLK COUHTT OBSKBVXS, TUESDAY, rEBRUABYf; 1916:
JURORS FAIL TO AGREE
SMITES LIKELY TO BE ARRAIGN
ED SECOND TIME.
Sheriff'! Said Upon Basement Besort
at Independence Last Fall Re
sults in Disagreement.
In spite of the fact that two mem
bers of a Doker party testified that
they played cards for money in the
basement or smith Brothers' pool
hall at Independence on the evening
on which Sheriff Orr and his deputies
raided the place last fall, the jury
which heard the ease remained out
all Tuesday night and Wednesday
morning, and was dismissed for its
failure to agree on a Verdict. When
' Judge Belt dismissed the jury its
members stood six to six for convic
tion, after having spent more than
twelve hours in the jury room. Cliff
and Frank Smith were indicted by
the January grand jury for operating
a public nuisance in permitting
gambling games to be carried on in
their Independence pool hall. Sheriff
Orr and deputies raided the place
during the hop season last tall, ami
at that time confiscated chips and
cards that were found in an out-of-
the-way basement room, where two
private detectives testified they had
been gambling just before the raid
was made, it is alleged that the
Smiths were forewarned and had
broken up the card game only a few
moments before the sheriff s party
Cliff, Frank and Oliver Smith testi
fied for the defense, the former say
ing that be knew nothing of a card
game in the basement room on the
evening of the raid. Oliver Smith
came into court after his brothers had
testified in their own behalf and stat
ed that he had taken part in a card
game in the basement room, but that
it wae of a purely social nature. The
state attempted to show that there
would lie no game carried on in such
a place with purely social intent when
there were available card tables in
the pool room upstairs. And by the
introduction of the testimony of two
men, who said they took part in a
game for money, the state hoped to
establish its evidence beyond a ques
tion. The jury did not consider as
weighty the testilnony of the private
detectives, or stool pigeonB, and were
divided throughout the night on the
many ballots that were cast. At nine
o'clock Wednesday morning, with the
vote standing six to six, the case was
continued 'until the next .term of
court. As to whether the Smiths will
be prosecuted then remains for the
district attorney to decide, but it is
probable that he will bring the case
np again on the indictments found
Sy the January grand jury. '
keepsakes, but the goldsmith, being
unable to perform the worn at mat
time the owner replaced them in his
purse and retraced hU steps home
ward. Without further examination
of the pieces he placed the purse con
taining them in a bureau drawer, but
when he went for the coin the first
of the week they had disappeared.
Whether Mr. Dashiell lost tne gold
pieces while enrouite home, or whether
thieves entered the house and carried
off the gift pieces he is at a loss to
know. The coins were wrapped in a
paper before being placed in the
THE CITY IN BRIEF
New Books at the Library.
Twenty-four new books have been
selected by Miss Jennie Muscott and
placed in circulation in the Dallas li
brary. The collection includes a most
interesting travel series and ft number
of volumes of the recent fiction. There
are trine volumes for youngsters in the
" collection, including story books and
industrial works. In the adult col
lection "Vikings of the Pacific," by
, Agues C. Laut is a notable volume of
travelogues and fables of the great
ocean. ' ' New Demands in Education, ' '
bv Monroe is one of the books speci
'lied for the teachers' reading circle
rouj e. ' ' Cleaning and Renovating at
Home," by Osman, will be found to
contain much valuable information
for housewives. "Life at West
Point," by Hancock, will prove of
interest to men and boys, as its au
thor, thoroughly familiar with the na
tion's great army school, has attempt
ed to give an intimate glimpse of the
school and the things that make it the
most famous training ground in the
world. The list of new books fol
lows: "Civilization During the Middle
"Cleaning and Renovating at
"Guide to the National Parks of
"The Andes aud the Amazon"
"Life at West Point "Hancock.
'-Masterpieces of Paintiug" Jew-
"New Demands in Education"
"Vikings of the Pacific" Laut.
" Frankenstein" Shelley.
'Letters to a Business lirl"
"If 1 Were King" McCartv.
"R.et' Paradise" White.
""R-fgbt of the Strongest" (ireene.
" Mms Selina Lue" Daviess.
. "L',l to Providence" Daviess.
' Juvenile Books.
. "Saturday Mornings" Benton.
"Children's Classic in Dramatic
"(iabriel and the Hour Book"
i fliirfs' Make-at-Home Things''-!B4ilev.-
-'Boys' Make-at-Home Things"
i . 1 1 1 : . n t- t i
"Harper's Electricity Book for
'".toys ' V- Ail am.
rrst Steps for Little Feet
gloried Holidays" Brooks.
Free With every pair of men's
or women's shoes sold we will pre
sent you, your choice, a pair of rub
bers. Dallas ehoe Btore. Wi-tl.
Dr. J. G. Turner, formerly of Lowe
& Turner, eye specialists of Port
land, will be in Falls City Tuesday,
February loth at Hotel Parlors. Head
aches relieved, cross eyes straighten
ed. No charge for consultation oi
examination. Satisfaction guaranteed
Say, you enthusiastic "Made in
Oregon," "Support Home Institu
tions" shouters and boosters, have
you stopped to think that the Oregon
Fire Relief association of McMinn-
ville is an Oregon concern and that
all the money put into it for your
safe protection against fire is kept
right here in Oregon instead of being
sent out to enrich some corporation.
No company is on a more solid basis,
none is as prompt in settlement of
losses and none writes as cheaply.
Therefore it is entdtled to your consid
eration. Be consistent and lend it
your aid. Al. Snyder will explain it
to you. 84ntf.
Saw filing, sewing machines clean
ed and repaired, keys fitted, locks re
paired and all other jobs of this char
acter done promptly at reasonable
prices. From now on I will be found
at the Dallas Gun store, 612 Mill
street, Dallas. Your patronage re
spectfully solicited Joseph Crowther.
ihe bterung Furniture company
frames pictures. 64-tf.
For Fire and automobile insurance
see Chas. Gregory, city hall 32-tf
Dr. C. L. Foster, dentist, City Bank
building, Dallas. 73-F.
The Sterling Furniture company
frames pictures. 64-tf.
Dr. Rempel, Chiropractor, 513 Church
Dr. Stone's Heave Drops cures
heaves. Price $1, for sale by all drug
gists. Adv. 78-tf.
The Dallas Wood company la ready
to furnish you with mill wood. Good
loads and good service. All wood cash
on delivery. Phone 492. 103-tf.
The bterung .furniture company
frames pictures. b4-tf.
Vour opportunity to get a pair of
rubbers free. A pair given with ev
ery sale oi men s or women s shoes,
Dallas Shoe Store. 97-tf.
CONVICT INVADES POLK
GEORGE CLABK SUSPECTED OF
BEING IN THIS COUNTY.
Reward Is Offered for Capture of
Criminal Who Escaped From Pen
itentiary By Sawing Bars.
That George Clark, the convict who
made such a spectacular escape from
the state penitentiary several days
ago, has been near Dallas and in oth
er parts of Polk county is the firm
conviction of more than one person.
Isaak Dyck of Polk Station entertain
ed a stranger late last week and is
sure that his guest was none other
than the escaped convict. The man
appeared at the Dyck home about two
o'clock in the afternoon: and request
ed food. A meal was set out for
him and he made himself perfectly
at home until about four o'clock. He
proceeded to make himself scarce in
that vicinity and has not been seen
there since. In the Smithfield dis
trict several people saw a stranger
who could not be accounted for and
they are of the belief that it was
Clark escaped by patiently sawing
throusrh the bars ot his cell window
and letting himself down to the roof
of adjoining building by the use or
a blanket from his bunk. He chose
midnight as the hour to make his es
cape, just when the guards were
changing shifts ond there was no one
to detect his flight. In the peniten
tiary he was known as a dangerous
and desperate criminal, although the
offense which landed him behind the
bars was burglary, committed in Lane
county. Clark is still at large and
none of the many searchers who have
been scouiring the country for his
track has had sight of him. The usu
al reward of $50 is offered for Clark 's
capture, and Governor Withycombe
will ask the next legislature for an
appropriation of $200 as an addition
al reward to anyone who secures tne
the settlement thereof.
Dated and first published, Febru
ary 4, 1916.
CHARLES WILLIAM LEONARD,
NOTICE TO PRESENT CLAIMS.
Notice is hereby given that the un
dersigned has been appointed exeoui
tor of the estate of Jane Glenn, de
ceased, by the County Court of Polk
County, Oregon. All persons having
claitne against said estate will please
presekt the same to the undersigned
at 308 U. S. National Bank Building,
Saleml Oregonduly verified as by
law reXuireA'within six months from
Dated this 28th day of January,
JOHN H. M'NARY,
Executor of the estate of Jane
Glenn, deceased. . J28-D26
Mrs. Clanlleld Injured.
Mrs. Richatd Clantield of Ballston
sustained a. broken leg from slipping
on a thin coating ot ice. Ihe small
er bone was broken just above the
ankle, as she fell on it.
PAY OF CLERGY SMALL.
Bishop Says Episcopalians Decline in
The average pay of the clergymen
of the Protestant Episcopal church in
the United StatJes is $1200 a year,
according to Bishop Lawrence of Mas
sachusetts, who has announced the re
sult of a census of salaries paid min
isters of his denomination in this
' ' There are 4420 clergymen actively
devoting their lives to the service of
the Episcopal church sometimes call
ed the richest church in America,"
said Bishop Lawrence. ' ' Yet 2522 of
our clergy, more than one-half, are
paid less than $1500 a year; 727 re
ceive less than $1WXI, and only 118
earn $500 or more. Even this is not
all cash, but includes the value of a
house, when supplied.
"The highest average salary
earned at 47 years of age. There is
a distinct falling off in the salaries
earned by the older men, especially
those over 60. Many old men perform
ing bard jobs are making $000 and
$700 a year. The church, therefore,
today has. in fact, if not in name, a
system of virtual retirement at the
expense of the old men."
JUMP-OFF JOE NO MORE.
NOTICE OF FINAL SETTLEMENT,
Notice is hereby given that Taylor
A. Dunn, executor of the estate ot
Mary E. bwarts, deceased, has tiled
his final account as such executor in
the County Court of the .State of
Oregon for Polk Counjr; and that
Saturday, the 4th dajebf March, 1910,
at the hqur of yrSn o'clock in the
forenoon df sniff day, at the Court
room of saiS'County Court in Dallas,
Oregon, has been appointed by the
Judge of said Court as the time and
place for the hearing of objections to
aid final account and the settlement
Dated and first published, February
TAYLOR A. DUNN,
Familiar Landmark at Newport De
stroyed By Angry Waves.
Visitors to Newport next summer
will discover that an old and familiar
landmark has been badly treated bv
the storms of winter. "Jump-Off
loe, a lavorite subject lor the ko
dak fan, has no longer the arch
through which a glinise may be had
of Foulweather Light in the distance.
During the gale of last week the arch
caved in and a great portion of the
bluff was washed away, leaving two
separate rocks standing where for
merly was a high arched rock.
NOTICE TO CREDITORS.
In the District Court of the United
States, for the District of Oiegon.
In the Matter of John E. Grimes,
No. 3620 in Bankruptcy.
Notice is hereby given that on the
26th day of January, A. D., 1916,
John E. Grimes of Monmouth, Oregon,
the bankrupt above named, was duly
adjudicated bankrupt; and that the
first meeting of his creditors will be
held at my offices, Rooms 830-831
Northwestern Bank Building, Port
land, Oregon, on the 10th day of Feb
ruary, 1916, at 10:30 a. m., at which
time soil creditors may attend, prove
their claims, appoint a trustee, exam
ine the Jbankrunt. aiurT'rnct. such
other bpsirujwfnay properly come
ueiore sun nieeuug.
Claims must be presented in form
required by the Bankruptcy Act, and
The schedule filed discloses Doubt
Dated January 31, 1916.
A. M. CANNON.
Referee in Bankruptcy.
Hif h Price For Hops Refused.
Hops look good just now to more
than one local grower, and among the
several is T. C Brown, who thought
about a month ago that he would be
glad to sell when the price reached
twelve cents a pound. Bu this week
Mr. Brown received and entertained
an offer of twelve and one-half cents
for his crop. After the ceremony of
entertainment the outlook in the hop
market was so briglit that Mr. Brown
refused the offer and has again turn
ed the key in the warehouse door to
await a further raise in the market
NOTICE TO CREDITORS.
Notice is hereby given that the un-
lersigned has been duly appointed ad
ministratrix of the estate of Conrad
Faist, deceased, by the County Court
of the State of Oresron. for Polk
County, and has qualified. All per
sons having claims against the said
estate are hereby notified to present
the ime, duJy verified, together with
the proper vouchers therefor, to the
umtrsigned, at the law office of L.
D. Brown, in the City of Dallas, in
said ftmrjtv of Polk within six months
trom the ilTTr nf tii notice.
Dated and first published this 21st
day of January,
Administratrix of the estate of
Conrad Faist. deceased.
L. D. BROWN,
Attorney for the Estate. J21-F18
' Wedding Gift Disappear.
Ien Mr. and Mrs. Dashiell ecle-
fist fall tfiev were presented with
il irM roius of the tw-dillar- Barnard-Counts.
jalf denomination, and . these) Mr. Arrhie S. Barnard and Miss
-ied very highly. A few days! Cora M. Counts, both of Indepen-
,;r. Dashiell took them to a lo-jdeno. were united in holy wedlock
vekr with a view to bavin 'by Rev. Gewn 1L Bennett on Tues
(rarrs formed into, ornamental day at the Methodist parsonage.
NOTICE OF FINAL SETTLEMENT
Notice is hereby given that Charles
William Leonard, guardian of the per
son "na estate ot Mils Kav Ireland,
a minor, has filed his final account
as such guardian in the Countv Court
of the State of Oregon for FVlk
County, and that Saturday, the 4th
day of March. plKi. at the honr of
ten o'cl.J-k in Jfie forenoon of said
day. at tie Orlfrtronm of said County
Court in Ufllas. Oregon, has been ap
pointed by the Judge of said Court
as the time and Dlaee for th kunn-,
of objections to said final account and
In the Circuit Court of the State of
Oregon for Polk County Department
Clear View Orchard Company, a
corporation, Minnie E. Radke, Wilda
Wayland Dayton, George Fred Hum
mel, and Clarence P. Flanders, Plain
tiffs, vs. Vincent J. Turnidge and
Amanda Turnidge, his wife, Eliza J.
Stakely and Thomas Stakely, her
husband; James C. Turnidge and Sar-
h Turnidge. his wife; Jesse A. lur-
nidge and Useba Turnidge, his wile;
Julius A. Maddux, widower; David
T. Maddux, and Esta V. Madduix, his
wife; John W. Maddux (unmarried);
James S. Maddux and Rosa T. Mad
dux, his wife ; Rutha F. Cox and Sea
born J. Cox, her husband ; Oliver Mad
dux and Carrie Maddux, his wile;
Nellie J. Alder and George E. Alder,
her husband; Mary J. Albright and
J. J. Albright, her husband; J. R.
Pollard, (a widower) ; Fannie Kin-
caid and Jas. H. Kincaid, her hus
band ; George A. Campbell and Nannie
Campbell, his wife ; Annie Wilson and
Wm. Wilson, her husband; Dovey
Higdon and I. D. Higdon, her hus
band; L. A. Campbell and Mytle
Campbell, his wife; Elizabeth Tur
nidge, a widow; W. J. Turnidge and
Tressa Turnidge, his wife; John Tur
nidge and Cora Turnidge, bis wife;
Theodosia Hardin and James Hardin,
her husband; Frank Turnidge and
Bertha Turnidge, his wife; Adelia
Pound and James Pound, her hus
band ; Jasper Turnidge and Belle Tur
nidge, his wife; Annie Brownley and
Arthur Brownley, her husband; Ma
tilda J. Kidgeway, a widow; William
Ridgeway, Jr., and. Ridge-
way, his wile; Lloyd Kidgeway and
Nina Kidgeway, his wile: Mary C,
Bidgeway, unmarried: S. Emma Seta
and Guy SeWi, her husband: Inez M.
Kidgeway, unmarried; Joseph W.
Ridgeway and Laura Ridgeway, his
wife; Charles N. Ridgeway, unmar
ried; Heniw H. Kidgeway and Maude
Ridgeway, his wife; Mary E. Ridge
way, unmarried; Ida Elizabeth
Haynes anil Haynes, her
husband; ElKa Jane Black and Jo
seph Black, herNiusband; Anna Eliz
abeth Ridgeway, aHpinor; Annie Gil-
more, and any and Hill persons un
known claiming any right, title, inter
est or estate in or to the real prem
ises described in plaintiff's complaint
To Vincent J. Turnidge and Amanda
Turnidge, his wife, Eliza J. Stake
ly and Thomas Stakely, her hus
band ; James C. Turnidge and Sarah
Turnidge, his wife; Jesse A. Tur
nidge and Useba Turnidge, his wife ;
Julius A. Maddux, widower; David
T. Maddux, and Esta V. Maddux,
his wile; John W. Maddux (un
married) ; James S. Maddux and
Rosa T. Maddux, his wife; Rutha
F. Cox and Seoborn J. Cox, her
husband; Oliver Maddux and Car
rie Maddux, his wife; Nellie J. Al
der and George E. Alder, her hus
band; Mary J. Albright and J. J.
Albright, her husband; J. R. Pol
lard, (a widower) ; Fannie Kincaid
and Jas. H. Kincaid, her husband;
George A. Campbell and Nannie
Campbell, his wife; Annie Wilson
and Wm. Wilson, her husband; Do
vey Higdon and I. D. Higdon, her
husband; L. A. Campbell and Myr
tle Campbell, his wife; Elizabeth
Turnidge, a widow; W. J. Turniilse
and Tressa Turnidge, his wife; John
Turnidge and Cora Turnidge, his
wife: Theodosia Hardin and James
Hardin, her husband; Frank Tur
nidge and Bertha Turnidge, his
wife; Adelia Pound and James
Pound, her husband; Jasper Tur
nidge and Belle Turnidge, his wife;
Annie Brownley and ArlhnrBrown
ley, her husband ; Matilda J. Ridge
way, a widow; William Ridgewav,
Jr., and Ridgeway, his
wite; Lloyd Kidgeway and Nina
Ridgeway, his wife; Mary C. Ridge
way, unmarried; S. Emma Seth and
Guy Seth, her husband; Inez M.
Ridgeway, unmarried; Joseph W.
Ridgeway and Laura Ridgeway. his
wife; Charles N. Ridgeway, unmar
ried; Henry H. Ridgeway and
Maude Ridgeway, his wife; Mary
E. Rid-jdway, unmarried; Ida Eliz
abeth Haynes and Haynes.
her husband: Eliza Jane Black and
Joseph Black, her husband; Anna
Elizabeth Ridgeway, a minor; An
nie Gilmore, and any and all per
sons unanown claiming any right,
title, interest or estate in or to the
real premises described in plain
tiff's complaint herein, the above-
In the Name of the State of Ore
eon : Yon and each of yon are here
by required to appear and answer the
complaint filed against yon- in the
above entitled Court and cause on or
before six weeks from the date of the
first publication of this summons, and
if you fail to answer for want there
of, the plaintiffs will take a judgment
and decree against yon and each of
herein, to-wit: That the plaintiff, Clear
View Orchard uompany, curpw
fcion, is the owner, in fee simple of
the following described real estate,
to-wit : Lots numbered 1, 2, 3, 4, 5,
6, 10 and 11 in Block number i m
Clear View Orchards, in Polk County,
Oregon, as shown by the duly record
ed plat thereor. . '
That the plaintiff, Minnie E. Radke,
is the owner in fee simple of the fol
lowing described real estate, to-wit:
The South half of Lot number 8 m
Block number 2 in Clear View Or-chfli-ds.
in Polk County, Oregon, as
shown by the duly recorded plat there-
That the plaintiff, Wilda Wayland
Dayton, is the owner in fee simple of
the following described real estate,
to-wit : Lot number 7 and the North
half of Lot number 8 in Block number
2 in Clear View Orchards, as shown
by the duly recorded plat) thereof, in
Polk County, Oregon.
That the plaintiff, George Fred
Hummel, is the owner in fee simple
of the following described real es
tate, to-wit: The North half of Lot
number 9 in Block number 2 in Clear
View Orchards, in Polk County, Ore
gon, as shown by the duly recorded
That the plaintiff, Clarence P. Flan
ders, is the owner in fee simple of the
followins described real estate, to-
wit : The South half of Lot number
9 in Block number 2 in Clear View
Orchards, in Polk County, Oregon, as
shown by the duly recorded plat there
of. And that each and all of you be
forever barred and enjoined from
claiming any right, title or interest
in or to said premises or any part
thereof and for such other and fur
ther relief as to the Court may seem
meet with equity and good conscience.
This summons is published in the
Polk County Observer for a period of
six weeks, by order of the Hon. H.
H. Belt, Judge of the above entitled
Court, made at Chambers the 19th
day of January, 1918, and the date of
the first publication will be on the
25th day of January, 1916, and the
date of the last publication will be
on the 7th day of March, 1916.
SIBLEY & EAKIN,
J.25-M.7 Attorneys for Plaintiffs.
yon as prayed for in their complaint
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, rlorence rage,
Winifred I. 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. . Carlson, De
fendants above named:
In the name of the State of Oregon
you are hereby required to appear
and answer the complaint filed aeainst
you in the above entitled suit, within
six (0) weeks from December 21,
1915, the date of the first miblieation
of this summons, and if you fail to
answer for want thereof, the plain-
ims win appiy to tne court for the
relief demanded in the comDlnint in
this suit, to-wit:
1. That the plaintiffs have judg
ment ior tne sum ot five thousand
four hundred fiftv-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 sura 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
2. That the trust agreement set
forth in the complaint heiein be de
clared to be a mortu-no-e nA h .lo.
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 Railwav 'i-nmn-n,,
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 th
exception ot the north half (N'4) of
lot twenty-three (23); lot seventeen
U'l ; the southeast two and sixty-five
hundredths (S. E. 2.65) acres of lot
wn (10) as hereinbefore specifically
(lescnnea; the southwest two and six-
..v-uve nunsredtns (S. W. 2.65) acres
, , f 'h hereinbefore specif
ics ly deschbed; the east half (EM,)
oi ,ot iweyty (OT); lot eiehteen (18) ;
he south fcalf (S.V2) of lot twentyl
7 s1W te"! U5); the south
half (S.)WaOixteen (16) ; the
west half (WijdT fourteen 14) ;
x', . ee.,,J':. tDi north half
OT IOC IITfMin lltl .11 : Tt-M
lame te Valley Orchard Tract No 1
as platted and rivnrJ '
said lands last described as excepted,
have heretofore been conveyed or eon
led ,0 be conveyed, bv the Title
r..IrastComrnJ'- defendant, and
further that plaintiffs' morteaee be
declared to be a lien upon all prop
"m the Poson of the
J?,v ",'t ComPny- defendant,
held by fhem pnrsnant to the terms of
said trust aereertent. ,d belonring
to the beneficiaries tberennder. and
itVf' Kf Tht- "d
est of the defendant, or ,nT one f
them, as beneficiaries nnder said trot
airreeirent. m i and to any of the prop
erty covered by id tmst aereement
IcwLi ""l"1 "e above dV
cnbed. including the warehouse at
Crowley Station, k. ;k.r ,
soribed as being covered by the jJ
of plaintiffs' mortgage, be sold ii7
manner provided by law, and the w
oeeds of said sale be applied toww
the payment of the costs of this u,
and toward the costs and disbtm
ments of this suit and the payn
of such judgment and decree as iW'
be made herein in favor of the pW
tiffs, including attorneys' fees, ;
the balance, if any, paid into coin
for the benefit of whomsoever iW
be decreed by the court to be entitii
thereto. , g
3. That if the said unsold l1iH
when sold pursuant to the decree i
this court, shall not sell for enota'
to pay the claims of the nlniw.'
herein in full, as shall be provided st
decree of this court, that in tkl
event, the interests of the defends
and all of them, as beneficiariei J
otherwise, in the contracts for the a
or lands covered Dy the said tn
agreement which have been hertli
fore contracted to be sold by the iu
Title & Trust Company, defends
and which contracts of sale are ;
standing, and any other rights or if
terest of the defendants, or anju
them, except the Title & Trust ft.
pany, in the said trust agreement i2
the property covered thereby, bent,
in a manner provided by law fort
sale of such property, under eW
tion, and the proceeds of said sales!
applied as follows, to-wit : The j
ment of the balance of the plaintZ
judgment and deoree as shall be J,
tered herein, and the balance, if ii? "
paid into the court for the benefllf Sl
whomsoever shall be decreed by L
court to be entitled thereto, said tzOl"
blasts using ucoviiuvu US 1U11UW9, L-:i
wit : Contracts of sale made by & '
& Trust Company, defendant, eoftji
ing the property and running to iC
purchaser and bearing the date tfc'
having the amount due thereon f5r
each contract respectively, as folio'
Description, Lot eighteen (18);p Jf.
chaser, A. H. Dennett; date, Juljijay
1911 ; amount unpaid, $369.57. vjr,
Description, South half (Sy2)tthe
lot. twenty-three 1231 (no he'.. U
fore more specifically described); tlw
chaser, A. H. Dennett, date, Noviss !
ber 14, 1911, amount unpaid, $7.50, wel
Description, Lot fifteen (15); es .
chaser, G. A. Grabb; date, NoveiiA bj
1 vu, amount unpaid, $298.00.er 6
Description, South half (Sai
lot sixteen (16); purchaser, Yi.cil-h
McKnight, date, May 1, 1912; amoWeek
Description, West half (WjH
lot fourteen (14) ; purchaser, fail f.
B. Grabb; date, January 17, 19 Jf,
amount unpaid, $469.51, j
Description, Lot three (3) ; Sali
chaser, H. P. Hough; date, Decra,0 Jl.
15, 1913; amount unpaid, $855ii,!!i,
Description, North half (N., j
lot sixteen (16) ; purchaser, L jujjj
Revere; date, January 15, ls0f fL
amount unpaid, $195.03. a X,
And plaintiffs pray that saidayiifs
cree shall provide that the sale oi; gain
beneficiaries' interests in the s IV
lands contracted to be sold, sha!sti
feet only the equity of the beneEird t'l
ies therein, and the purchasers ofrl Hp,
contracted lands at such forecl? , 1,
sme suau oe merely suDrogatea ns ra
rights of the beneficiaries of tlu$s I
trust agreement in said contra
lands, and that said foreclosure ,
not in any wise affect the rightie
powers of said Title & Trust Comj
to continue to perform its said .
tracts of sale and receive the d,
chase price therein specified, tits
chaser at such foreclosure sale tw
ceive from said Title , & Trust
pany such portions of the protj
arising from said contracts of
as the payees and beneficiaries f
the trust agreement would hvi
ceived if there had been! no for .
4. That the contracts entered?
by and between the Title 4 -tl
Company, defendant, and T. L- i '
tyre, Walter A. Bandimere, He r
Palester, Margaret Cohen, Co
Vaughn and E. J. Carlsos, lr
dared to be null and void and t
effect and the lands covered b.
said contracts respectively, be i;
ed to have reverted' to 'the II".
Trust Comnnnv. freed from IMf t'l
title or interest therein or therm JhcoIi
any of the said defendants last Ms f hur
named, by virtue of the contraej. and
tered into by the said Title I! Bus, i
Company with said defendant tt i Bal
referred to, and the said lands nt fmbil
dared to be held by the said reek.
Trust Company as unsold land and
suant to the terms of the ssicll, A. :
agreement, and that the same B tided
as hereinbefore prayed for. f" I urda
5. That the defendants hereJj.' Ball
each and all of them, except tiaic, riiurs
& Trust Com Dan v. and all (' d-r of
claiming under them, or I 'I
them, be decreed to have s" ' hl
title or interest in and to
or property eovered by sai
agreement herein set forth, '.
barred and foreclosed of
right or equity of redemptiOT 1
said premises and every part
except the statutory right ef
tion in and to the real prop'
creed to be sold under execsw
that any party to this suit
come a purchaser at said ,
that the purchaser be let ink
sion of said premises upoe
duction of the certificate of f
that the plaintiffs have such
further relief as to the e.
hi J a
This summons is publish-;
suanee of an order of the Ho' ,
a Belt, Judge of the abe"
court, which order is dst '
1, 1915, and which ordef r
that this summons be Pa
the Polk Connty Observer.
per of general circulation r
ty of Polk and Stat of c- ,
eaeh week, for sit (' fi
weeks. Date of first puN .
eember 2L, 1915; dst of I
tion, February 1. 1916.
I Her, ,
) 'y on
V one i
, - v'iw.ui o ae-
D21-F1 Attorneys i :