East Oregonian : E.O. (Pendleton, OR) 1888-current, 1912-07-20


Kind and species Of property with all
the rights and Incidents appurten-
ant, appendant, appertaining or be-
longing thereto, whether corporeal on
incorporeal, whether tenements OF
hereditaments or howsoeyer specified
or described, TO include within the
foregoing, without restricting the gem
erality Of description, everything own
ed by Oregon Land and Water Com
pany as well as any rights or inter
ests which may have been obtained or
acquired by it or It's receivers at any
time subsequent to the date of said
deed Of trust Of March /, 1906, or the
date Of the filing Of the bill herein
on the goth day Of December, 1910,
and at and prior to the making OF
the decree herein;
Subject, however, to and save and
except the rights and interests decreed
to Washington Railroad and
Navigation Company by clause XVI
of said decree on file in said clerk s
office aforesaid, with the rights, how
ever, confirmed to said oregon Land
and Water Company as in said clause
mentioned;
Subject also to, and save and ex-
cept, the rights of the Northern Pa
cific Railway Company, as decreed
in clause XVII of said decree;
Subject also to the exception of
those tracts Of land sold and decided
to persons named and set forth on
pages 81 to roo of said decree;
Subject also to, and save and except,
the rights of purchase under contracts
in force and not paid for, as describ-
ed and set forth in clause XXXII of
said decree, pages 101 to 104 thereof,
nevertheless as to said lands declar-
ing the defaults and fOrfeitures of
the rights of the respective purchas-
ers under clause XXXIII Of said de-
cree therein named: II. +. Durbin,
NJ. NJ. and r. ] Male, Matilda T.. Re-
card, Soren Jensen, Charles f.
Rhodes, Clayton w. Walter, w. l..
Glendenning, w. II. BruntOn, 5. NJ.
Thompson, J. c. Milton, F. b. Reed,
NJ. NJ. Preston, w. ID. Kessler, c. c.
Hills, c. w. Bucholz, Sarah T.. Rob-
bins, Andrew Dertinger, Robert
Quick, Charles b. Briers, Peter SteltZ,
Ernest r Warner, George Smith,
William T.. Pickett, Gerald r. Wood,
l.. p. Larson, II. H. Bangs, Il. j..
Hunter, Andrew Christianson, George
Steltz, Charles j. Powell, II. F. Bag
ley, Jabez Waddington, +. NJ. Hart
ley, George A. Holbrook, William +.
II. Willard, James Powderly, James
Jones. David William Hayden, Z. w.
Miller, William NJ Messenger, Lenora
Anderson, w b. Wadsworth, Jacob
Wart, Mary j. Dexter, Fred n. Cum
mings, o. c. Baker, Oscar Pattison,
w. A. Jones, Fred Beers, Alfred Ives,
F. ]. Morosic, j. r. Glendenning;
Subject also to contracts for lands
sold since the commencement of suit,
and to the right of the purchasers
making payments under said con-
tracts to receive deeds therefor. to.
wit: Benjamin f. Curtis and f. b.
Daggett;
Subject also to. but inclusive of, all
rights and interests Of Oregon Land
and Water Company and all water
appropriations, water rights and ca
nal rights of way as the same may be
or any Of them are now under or in
contest with any other appropriation
or pending before the Board of Con-
troll of the State of Oregon in Water
Division No. 2 included within any
contest over the same, in addition
to those of like character already
confirmed to Oregon Land and wa
ter Company:
Subject also to and save and except
as it may at the foot of the decree
as therein provided, be made to ap-
pear whether or not the north half OF
the northwest quarter of Section 22
Township north, Range % east is
subject to any of the rights or claims
of d. w. Bailey or H. ID. Mapes, with
the right to the purchaser to acquire
and to enforce all delinquencies
against the said Mapes or the said
Bailey for maintenance and water
rates delinquent thereon; and sub
ject also to the upkeep and mainten-
ance of the property with respect to
water rights. bitches and fumes and
such other claims and demands as
may arise from the passing of said
decree until final transfer of title un-
der the sale, the termination of the
receivership herein and the discharge
of said Special Master;
Subject also to all valid taxes and
assessments and liens arising by,
through and from any constituted au-
thority imposing the same which are
prior to or preferential or superior in
point of time or right to the lien OF
the said mortgage and deed of trust
of March l, 1906, with the right to
any purchaser or purchasers, or his
or her successors and assigns, to en-
ter his or her appearance in said court
to contest any claim, demand or al
lowance made or existing after the
decree or which may arise or be pre-
sented and become payable by said
purchaser or any successor of him or
be chargeable against the property
purchased in addition to the amount
bid by any such bidder or purchaser.
always allowing any party who hath
claim or demand, right or interest.
not deemed to be sufficiently pro-
tected or included within the terms
OF the decree, be he party or privy to
the party to the proceeding. upon
proper showing and due interest ap-
pearing in him, to apply to the court
FOR further order and direction as
may be meet and in consonance with
equity;
Subject also to, and with notice to
any bidder or purchaser to take in
accordance with all of said properties
contormable to any arrangements or
conVeyances. agreements, deeds of
trust, or other contracts made through
the receivers with the United States
of America accomplishing, or pro-
posing so to do, the inclusion of said
properties within the Western Ex-
tension of the Umatilla Project of the
United States Government for the re-
clamation of arid lands in the State of
oregon, as authorized by the general
order of court on the petition of said
receivers on the 10th day of June.
1911;
said sale. however. to be upon the
following terms: that on the day of
sale or any adjournment fherenf the