The Corvallis times. (Corvallis, Or.) 1888-1909, 1905-05-27
Summons.

~
In the Circuit Court of the State OF oregon
for the County of 5enton.
J. H. Moore. Plalntiff vs.. Lyle I. L Howe,
Aggte NJ. Howe, T. G. Baker, A. A. Baker and
E. d. Baker, defendants
To Lyle L. L. Howe, .Aggle NJ. Howe, t. C.
ants above named.
In the name Of the State Of Oregon: You are
hereby reauired 70 appear and answer the com.
plant filed against you In the above enttle d
suit on or before the LIST day OF July. 1905. An d
if you fail to so appear or answer plaintiff will
take decree of the court for the relief prayed
for In the complaint herein, towit:
For judgment against the defendants,
Lyle L. L. Howe, Agg1e NJ. Howe. for the sum
of si50o.0o in United States Gold Coin with the
interest thereon IN like gold coin at the rate of
six per cent per annum from May l, 1904, and
for the further sum OF SSo0.oo attorney ices to-
gether with the costs ana disbuf sements or this
suit and r an order and decree of said court for
tie sale OF the following described real prop
erty In satisfaction taereof towit:
The original donation land claim OF Jacob
Modie and Rachael Modi, his wife. peing claim
No. 46 Not No. 267S in Sections 26 2735 and 81 in
Township 10, south of Range five West of the
VIII Mer. containing 1891 acres more or less
Excepting therefrom ten acres sold by Jacob
Mode TO siias N. Jones on the 9th of August,
1858 by deed recorded Oh page la Book 'E, re-
cord OF deeds Of Benton county, Oregon; and
also excepting 2i,73 acres sold by Jacob Modi
! to John Burns on the 50th day of May, 1867, by
deed recorded on page 646, Book SC record of
! deeds OF Benton county, Oregon.
Also the following: Being the original Dona-
| ton Land lain OF William NJ. Garrison, towit
| Commencing at the Southwest corner OF Claim
| No. 46 Of Jacob Modie and wife in T. 10 S. r. 3
| W. VIII Mer. thence running South to the line
| dividing Section "a East and West, thence East
| 163 rods, thence North so rods, thence East so
tods, thence North 80 rods, thence West about
| - rods, thence South about q rods to the south
east corner OF said Claim No. 46, thence west to
| the place of beginning, containing l5O acres,
more or less.
Also the following towit: The Southwest
| quarter of the Northeast quarter; the West half
| Of the Southeast quarter: and the southeast
| quarter OF the Northwest quarter, OF Section 35;
| and the northeast quarter of the Southeast
quarter Of Section "a, all in 7. 10 S. r. 5 West
Will, Mer. containing 200 acres more or less
| [EXcepting from the land last above one acre
| sold by ]. H. Moore, and Elizabeth, his wife, to
School District No. 80 on Benton County, gore
gon on the 26th day OF April, 1900. by deed re-
| corded on page3OS OF Book 81, record of deeds
of Benton County, Oregon. All of the said des-
| cribed premises lying and being situated in Ben
ton County, St tie of Oregon, amounting to 634 1e
| acres, more or less Together with all and
| singular the tenements hereditaments and ap.
purlenances there unto belonging of in any
| wise appertaining, and the remainder and re-
mainders, reyersion and reversions, rents, is.
sues and profits thereof and also all the right
title estate, interest, dover or right of dover
prOperty, possession, claim and demand Wnat.
soever of the said defendants Of in ana to the
above described premises and every part and
parcel thereof with the appurtenances by the
i
ner prescribed by lawt and That the proceeds
arising from such sale be applied to the pay
ment OF the costs and disbursements of this sui
and the expenses of such sale, and the amount
decreed to be cue plaintff on the said s4,50O.0 OF
evidenced by five certain promissory notes with
the interest thereon at the rate of six per cen
per annum from May 1st, 1904, and described il
| a certain mortgage heretofore executed by Lyle
L. L. Howe ana Aggie NJ Howe, his wife, and re-
corded on the 3rd day of May, 1902, in Book .S'
4 Of Mortgages at page 334 thereof; Of Benton
County, Oregon. in which this plaintiff is the
mortgage, and including attorney tees in the
sum OF S35000 and that the plaintiff have the
right to become the purchaser at such sale, anc
that the Sheriff making such sale be directed tl
put the purchaser at the sale to be made hereiI
In the immediate possession Of SAID premises
and to eyict any and all OF the defendants here
in, and all persons holding through them since
| May 3rd, 1902, from said premises. And that tn,
| said defendants and all other persons claiming
any right, title ana interest OF, or to sai(
prem ises through or under either of the said de
PENDANTS since the 3rd day of May, 1902 be for
ever debarred and roreclosed of all light, title
interest, claim, lien or estate. or equity of re
> dempt of, In or to the said premises Saw
, only the Statutory right of redemption.
| The time prescribed 1Or the publication o
| this Summonsi is six successive weeks In Corval
| lis Times and the dste of the first publication
thereon is May Goth, an / the last publication
thereon is July LIST, 1905. THIS summons is pub
, lished by order of the Hon. Virgil E. Waters
County Judge OF Benton County, Oregon, of dat
May 1Tth. 1905.
VS.. MeFadden, Attorney for Plaintiff.