The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1879-12-12

SiRmund Fox, deceased, Defendants.
DYVIRTUEo OF A DECREE OF FORE |
I'D closure In tho above named Court In
the above entitled suit, and an execution
thereof 70 me directed and delivered, on
ths 18th day Of November, 1879, ! did on
tho 18th day Of November, 1879, in com
pliance with said order, levy upon the
mortgaged premises described therein,
And whereas, II appears from the pro-
visions OF aaid decrOo that the defendant
John w. Cleaver IN Indebted 10 the plaintitf
John Wolyorton In the sum OF Hlb1i Is in u.
8. gold coin, with accruing interest thereon
At the rate of one per cent. per month from
the iIth day OF November, 1879, and the
further rum of $3.50 As attorneys fees, and
the further SUM OF eI05 % costs, which
said judgment and decree Is lien upon
the following described premises, to-wit:
The donation land claim Of William A.
Peterson, Not. No. 2z05, and being part Of
Sections 30 and 80, Township No. II y. X.
2 w. OF Willamette Meridian, described as
follows: Beginning 2 25-lO0 chains North
OF the Southeast corner OF Section 30 Of
said Township, running thence East ~ J6
100 chains, theace North ~ 75-IOU chains,
thence East 81 chains, thence North 10 IA
100 chains, thence West 81 1G-loO chains,
thence South ~ 29-lO0 chains, thence East
33 O0-lOO chains 10 the place Of beginning.
containing 32I 6i-IO0 acres (excepttng that
part heTeiSfore sold 10 A. Dodge, described
A. follows: Beginning - ross, more or
less, West from the extreme =. r. corner
OF said Claim, running thence Northwest
! erly TO the North line Of said Claim thence
Fast 30 rods, moro or less, TO the Southeast
corner, thence South on the Fast boundary
line 70 the Southeast corner, 10 74-I00
chains. thence West TO place Of beginning,
containing Is acres, more or lessl. Also
the following tract Of land: The frac-
tlonal South one half Of tho North
west ope-fourth Of Section 20 and fraction
/ al South one-half OF the Northeast one
fourth Of Section 30, TIP. ~ y. X. 2 West Of
Willamette Meridian, containing liz S.
100 acres, being tho donation Land claim of
Joseph Hamilton, all Of said land being
and lying In Linn County, Oregon.
Second, that the defendant John W.
CleaVer II indebted 70 the defendant Iguztz
Fox, administrator OF the copartnership
estate Of o. Fox & Bro. in the sum sf
1884 53 In u. S. gold coin, with interest In
like coin from the 1ith day of November.
| 1879. At the rate Of one per cent. per month,
and the further sum Of $50 As an attorney
fee, and that said Indebtedness constitutes
q lien on all the lands hereinbeforc de-
scribed excepting the said liz 58-I00 acres
herelnbofore described as the donation
land claim Of Joseph Hamilton, and the
said Is acres hereinbefore described -
sold to a. Dodge, and In addition thereto
the said Indebtedness constitutes a lien on
the following described promises: The
North half Of the Northwest quarter, and
the Northwest quarter Of the NOuheasi
quarter, and lot No. !, fractional SouihWesi
quarter Of the Northeast quarter Of Section
- in Township Il S. R. West, also lol
No. and the Northeast quarter OF the
Northeast quarter Of Section 80, Township
i II s. r. 2 West, all in Willamette Meridf-
an, Linn County, Oregon.
Third, that the defendant John w.
Cleaver is indebted TO the defendant /. X.
u ~. T.. asNH n
interest at the rate Of ten per cent. per an
mum.
Fourth, that the defendant John w.
Cleaver Is indebted 10 the defendants Hen
1 ~ Alderman & Co. in the sum of $I6S 6s
and accruing interest thereon Al the rate OF
ten per cent per annum.
Fifth, that the defendant John w. Clea
YER Is indebted 20 the defendants Kloster-
man Bros. in the sum Of $3.50 81 and ac-
cruing interest thereon At the rate OF ten
per cent. per annum.
sixth, thas the defendant John W. Clea-
YER II indebted 10 the defendauts Jacobs
Eros. In the sum Of SS77 % and Accruing
interest thereon At the rate OF ten per cent,
per annum.
Seventh, that the defendant John w.
Cleaver Is indebted TO the defendants Levi
Straus q Co. in the sum of $9o3 and ac-
cruing interest thereon at the rate Of ten
per cent. per annum.
Eighth, that the defendant John w.
Cleaver Is indebted to the defendants p.
Wasserman & Co. In the sum of 8,
with accruing interest at the rate of ten
per GEN. per annum, and that the liens Of
the defendants /. X. Dawson, Henry Ack-
0rmaM & Co., klosterman Bros., Jacobs
Bros, Levi Straus s. Co. and p. Wasser-
man & Co. are concurrent in time and are
70 share ratAbly with each other and con-
stitute lien upon all the real property
hereinbefOro described (save and except
the Is acres sold to A. DodgO) and subse-
quent TO the lelns Of the plaintiff John
Wolverton and the defendant Ignatz Fox,
administrator OF o. Fox & Bro, and ON
Saturday, he I0h day Of January, 1880,
at the Court House door in the City of Al
bany, Linn COuSty, Oregon, at the hour OF
two o'clock p. NJ, will sell all of the
hereinbefore described premises at public
suction for cash in haHd to the highest
bidder in the manner specified in said de
cree, to-wit;
First, that the said donation land claim
| of Joseph Hamilton, containing 1I2 5S-1O0
acres, as herein described, be first
sold, and the proceeds arising from said
sale be applied first to the payment of the
costs and disbursements of this suit, and
accruing cests; second, to the payment OF
the said sum Of SSH 10. with interest as
| Aforesaid, and $50 attorneys fee; third,
that If any thing remain the same be ap-
piled 10 the payment OF the said sums due
the defendants /. II. Dawson, p. Wasser-
man & Co., Henry Ackerman & Co., Levi
Straus Il Co. Jacobs Bros. and Klosterman
Bros, ratably and in proportion to their
| several claims; next that the residue OF
the premises herein first described as COW
cred by the lien of the said plaintiff John
WOlverton be next sold and the proceeds
arising frem such sale be applied first to
the payment of any sum that may remain
due upon defendant John w. Cleaver's in
debtedness to plaintiff, and second to the
payment to the said defendant Ignatz Fox,
/ administrator as aforesaid, of the said sum
of $5S94 5S and interest as aforesaid, and
the further sum of $3.50 attorney fee, and
the residue, If any, shall be applied to the
| payment Of the said sums due to the de-
| PENDANTS /. X. Dawson, p. Wasserman q
| Co., Henry Ackerman & Co Levi Straus
d Co., Klosterman Bros. and Jacobs Bros.
ratably and in proportion to their several
claims. Next, that the residue of the
premises as herein last described, covered
| by the lien OF the defendant Ignatz Fox,
administrator as aforesaid, be next sold,
and the proceeds arising from such sale be
applied first to tho payment OF any sum
that may remain due upon the claim OF
the said Ignatz F0x, administrator as
aforesaid, as herein set forth, and next to
the payment of the claims of the said de-
PENDANTS I. r. Dawson, Jacobs Bres., Klos-
terman Bros Henry Ackerman & Co. and
P. Wasserman & Co. ratably in proportion
to their several claims.
Dated this 9th day of December, 1879.
I. C. DICKEY,
Sheriff OF Linn Co., Oregon,
BY GEo. HUMPHREY, Deputy. 1914
StAclzhnIda1.sS Meeting.