The Arizona sentinel., 1895-11-09
COMPASSIONATE SALE.

NOTICE IS HEREBY GIVEN, THAT 1N pursuant to the decree and order of sale issued out of the District Court of the Third Judicial District of the Territory of Arizona in and for the County of Yuma, whereof the following is copy, to-wit:
 In the District Court of the Third Judicial District of the Territory of Arizona in and for Yuma County.
 Althee Modesti, Plaintiff
 vs.
 J. M. Molina and Mercedes Figueroa,
 Defendants.
 On this 24th day of October, 1895, cant on regularly to be heard the Report of tks Commissioners heretofore appointed by the Court in this cause to make partition of the property mentioned and described in plaints ifs complaint herein, as fully appears by the interlocutory decree heretofore made and also the objections of Defendant, J. M. Molina to said Report, Samuel Purdy, Esq, appeared as Counsel for Plaintiff and H. O. Davis, Esq, and Salim M. Franklin, Esq, as counsel for defendant, J. NJ. Molina: Whereupon the Counsel for the respec. tive parties agreed that partition of said property could not be made, and further agreed that the same should be sold under the order of the Court, and subject to such conditions and terms as the Court should impose, and the Court finding as fact that said property cannot be divided or par. titioned, so as to do justice to all the par: ties, does hereby order, adjudge and decree, that the said real propefty mentioned and described in the complaint herein and par ticularly described as follows to-wit: That certain lot piece or parcel of land situated in the Village of Yuma; County of Yuma, Territory of Arizona and bonded as follows, to-wit: That portion of Lot l, in block g., in said Village of Yuma, according to the official map thereof, known as Whites survey, and described as follows: Begin. ming at the Northeast corner of said Block (6l Six, according to the official Map of said Village, on file and of record in the office of the County Recorder of said Yuma County, known and called Whites Survey, being as the Southwest corner of Jones and Main street, and running thence along Main street s. 4 54' E., 1664l feet; thence, Ss 85' 22' w., 247.4S feet; thence N. 5' 20' w., l65.60 feet to Jones street, thence along Jones street N S5o IT. E., 249. .5S feet to point of beginning together with all improvenients on said lot, piece or parcel of land, be sold at public auction to the best and highest bidder and subject to confirm. ation by this Court, and John W. Dorring. ton is hereby nominated and appointed as Commissioner to make said sale. The said Sale shall De made upon the following terms to-wit: Ten per cent of the purchase price hhaIl be paid to said John W. Darlington, Commissioner, at the time of sale, in cash, the remaining ninety (9O) per cent of the Ipurchase price shall he paid in cash inte Court, upon the confirmation of said sale by this Court.
 | The said Commissioner, shall sell al of said property in one parcel at the door: of the County Court House in Yuma, Yums County, Arizona, after first having given notice thereof by publication in Q newspaper published in said town of Yuma, for the length of time and in the manner required by law for sales under execution, and such. sale shall be conducted as under execution. Said sale shall be made to the highest and best bidder upon the terms hereinbefore set forth and the said Commissioner shall execute and deliver to the purchaser upon the payment of 10 per cent of the purchase price, receipt for said sum, and his cef. tiicate that such purchaser will be entitled to deed for the property so sold, upon the confirmation of said sale by this Court, and the payment in cash into Court of the re- maining 90 per cent of said purchase price.
 The said Commissioner shall make re- turn of his proceedings to the next session of this Court and his compensation will then l,e fixed by the Court; he shall further re- turn to the Court at the next term thereof the proceeds received by him from his sale.
 It is luther ordered that the proceeds of all sales after confirmation shall be parti- toned between tie respective parties hereto iG accordance '-j-3 the interlocutory de- cree heretofore Ade.
 | It is further ordered that the said Con- missioner before entering upon the duties of his office, shall file with the Clerk of this Court, bond in the sum of one thousand dollars, with two or more good and sufficient sureties to be approved by the Clerk of this ] Court, said bond to be conditioned for the faithful execution of his duties as such Jommlssione= under this order and decree. and upon the fling and approving of said ,Ond the Clerk of this Court is ordered to ssue and deliver to said Commissioner a eitifed copy of this order and decree which shall be the authority and power for said Commissioner to act hereunder.
 Done in open Court this. l24th day of Oc. tober, 1895.
 A.C. BAKER, Judge.