The Corvallis times. (Corvallis, Or.) 1888-1909, 1905-05-24
Summons.

Il
In the Circuit Court of the State of Oregon
for the County of 5enton.
J. H. Moore, Plaintiff vs. Lyle L. L. Howe,
Agge N. Howe, I: G. Baker, a. A. Baker and
E. D. Baker, defendants.
To Lyle L. L. Howe, Aggie NJ. Howe, t. c.
Baker, a. A. Baker and Z. D. B aker, defend
ants above named
In the name Of the State of Oregon: You are
hereby required 70 appear and answer the COM
plant filed against you in the above entitle
suit on or before the 1st day OF July. 1905. And
If you fail to soappear or answer plaintiff will
take decree OF the court tor the relief PRAYED
for in the complaint herein, towit:
For a Judgment against the defendants
Lyle L. I. Howe, Aggte NJ. Howe. for the sum
of sl50o.o0 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
Tor the further sum OF S35O.0o attorney fees to-
gether with the costs and disbur sements OF this
suit and an order and decree of said court for
Tie sale OF the following described real prop
erty IN satisfaction thereof Iowit
| The original donation land claim of Jacob
No. 46 Not. 267S in Sections % 2735 and 81 In
Township 10, South OF Range five West of the
VIII Mer containing 319.9l acres more or less
| Excepting therefrOm ten acres sold by Jacob
| Node TO Silss NJ. Jones on the 9TH Of August,
| 1858 by deed recorded on page LA Book '.E' re-
cord OF deeds OF Benton county, Oregon; aud
| also excepting "a, ,75 acres sold by Jacob Modf
to Iohn BuTLs on the 3oth day Of May. lss7, by
|
! deeds Of Benton county, Oregon
| Also the following Being the original Dona-
tion Land lain of William NJ. Garrison, towtt:
| Commencing at the Southwest corner of Claim
No. 46 OF Jacob Modie and wife in T. los. r. 3
w, Will Mer. thence running South to the line
dividing Section "a East and West, thence East
| 1853 rods, thence North SO rods, thence East so
| rous, thence North 81 rods, thence West about
| IL rods, thence South about 27 rods to the south
| east corner Of said Claim No. 46, thence west to
the place of beginning, containing $50 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 So;
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.
[Exceptipg from the land last above one acre
sold by J. h MOORE m - and Elizabeth, his wife, to
gon on the Goth day of April 1900. by deed re-
corded on page 30S of Book 81, record of deeds
OF Benton COUNTY Oregon o A OF the sala qes les
ton County, st. te of Oregon, amounting to 634 16
acres more or less. Together with all and
| purtensnces thereuntO 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 Gemand wnat.
soever of the said defendants of, in ana to the
parcel thereof with the appurtenances by the
Sheriff of Benton County, Oregon, in the man
| n6r prescribed ny ldWb duu rbudt bu6 pEOCcGUS
arising from sucn sale be applied to the pay
ment OF the costs and disbursements of this suit
and the expenses of such sale, and the amount
decreed to be Que plaintiff on the said $500. 90
evidenced by five certain promissory notes with
the interest thereon at the rate OF six per cent
per annum from May 1st, 1904, and described in
a certain mortgage heretofore executed by Lyle
L. L. Howe ana Aggie N. Howe his wife, and re-
corded on the 3rd day of May, 1902, In Book -:S''
of Mortgages at page 334 thereof; OF Benton
County, Oregon, in which this plaintiff is the
mortgage, and including attorney ices in the
sum OIL S550.00 and that the plaintiff have the
right to become the purchaser at such sale, and
that the Sheriff making such sale pe directed TO
put the purchaser at the sale to be made herein
IN the immediate possession of SAID premises,
and TO evict any and all OF the defendants here
in. and all persons holding through them since
May 3rd, 1902, from said premises And that the
said defendants and all other persons claiming
any right, title ana interest Of to said
preu. ises through under either OF the said de-
PENDANTS since the Bird day May, 1902, be for
ever debarted and foreclosed OF all l1ght title.
, interest," Claim, lien or estate, or equity OF re-
| demptlon Of, i'll or to the said premises Save
| only the Statutory right OF redemption
The time prescribed for the publication OF
| this Summons1 Is six successive weeks In Corva1
lis Times and the dste OF the first publication
| thereon is May Doth, AMI the last publication
thereon Is July 1st 1905. This summons Is pub
hshed by order of the Hon Virgil E. Waters,
County Judge OF Benton County, Oregon, of date
l May l7th, 1905.
US. AIcFadden, Attorney for Plaintiff.