The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1892-11-04
THE OREGON PACIFIC.
ORDER FOR A NEW SALE, THE MONEY
MUST BE RAISED IN 80 DAYS.

MUST BE RAISED IN 80 DAYS.
The Oregon Pacific railroad ease is
still sunsettled. Wednesday, Novem,
Der End, the day fixed by the court
for the payment of the balance of the
81 100000 has passed and the court
is just as poor as it was when it
granted the last extension of time, as
none of the purchase money, excepting
the $4,000 deposited at the date OF
Sale, has been paid. 1t, however, be
gihs to look as if something would be
done very soon towards the settlement
of the case. Zeph. Jeb has thirty days
more in which to raise the money, and
if 1t is not forthcoming at the end OF
that time the road will be re.sold.
Judge Fullerton, held court for hear
ing of the case at l:30, Wednesday
afternoon. A petition was presented
asking for an extension of time in
which it was stated that more than one
half of the money required to complete
the purchase has been secured, and
the balance had been promised in
twenty days. The questions IN the
case were argued by the attorneys
present and submitted After consid-
Grafton of the matter the court Or
dered that resale be had, and that
the modification of the decree as to
the terms Of resale be submitted to
the court en- November 18th, 1892,
and that Zeph. Job be allowed to
to complete the purchase of the road
under the terms and conditions of
the sale on the Goth day, of jan
uary 1892. The following is the
ORDER OF THE COURT.
In the circuit court Of the state Of
Oregon, for the county of Benton,
.. November, End, 1892.
The Farmers Loan and Trust Co.,
VS.. The willamette Valley and
Coast Rail Road Co.
Now, at this day there comes on to
be heard the application of the Oregon
Pacific Railway Company, filed herein
on November End, 1892, for additional
time in which to complete the pay
ment of the purchase price. L. Finn
and E. G: Bronough appearing on be-
half of the petitioners, J. Ellis Finn
on behalf Of the defendants herein, J.
R. Bryson on behalf of the plaintiff,
Williams and Todd on behalf of the
Nat. Park Bank and Vermilye & Co.,
holder of certain receivers certificates,
and Cox, Teal and Minor in behalf of
Searle & Dean, judgement. creditors
herein, IN .opposition to Said applica-
ton, and also came on to be heard the
application of plaintiff and said Nat.
Park Bank and Vermilye & Co., for an
order of resale, the payment into
court Of the sum Of twenty five thous-
and dollars deposited at the sale, and
also for a modification of the. terms oi
the sale in the decree. After due con-
sideration it is hereby ordered that a
resale be had herein, that VIM
Mackay, tho former sheriff, pay into
court the sum of S25. .OOO, 90 SO paid by
Zephin Job at the time of sale, and
that the modification of the decree as
to the terms of resale be submitted to
the court on November 18th, 1892, in
accordance with the directions of the
court, and that upon the signing and
entry of said modified decree, that ex
| eeution at once issue Upon said de-
cree. the other question raised by the
petition of the Nat. Park Bank and
Vermilye & Co., are not at this time
passed upon. :. -. ,:,.-...:
1t is further ordered that the said
Zephip Job, the purchaser er: the Ore
gon Pacific Railway Company, his
successor in title, shall be allowed al
any time within thirty days from. this
day to complete the purchase made by
said Job on the Goth day Of January,
1899, under the terms and conditions
: (signedJ C ]. G. FULLERTON, g.
judge,