The Athena press. [volume] (Athena, Umatilla County, Or.) 18??-1942, 1917-03-23
Order Vacating Sale and Directing
Resale of Property.

Resale of Property.
In the County Court of the State of
Oregon in and for Umatilla County.
In the Matter of the. Estate of
Maggie LaBrache Franz, Deceased.
Now on this day this matter coming
on to be heard upon the return of the
sale of realty made by the Executrix,
Mary LaBrache Baddeley, and it ap-
pearing to the Court that the executrix
herein by an order made and entered
in the above entitled matter on the
29th day of Dec, 1915, was directed,
empowered and licensed to sell the
realty belonging to the estate herein,
said realty being described as follows,
to-wit: Lots one tl) and two t2l and
the Southwest one-fourth of the N. E.
u, all in Sec. 80, TIP. 4, N. R. 30,
E. W. NJ, Umatilla County, Oregon,
containing SO acres. And, it appear
ing that the executrix herein under and
pursuant to said order, on the 9th day
of January, 1917, sold said realty at a
private sale as she was directed to do
and as was advertised and that on the
Bird day of February, 1917, the execu-
trix herein made return of said sale
and showed to the Court among other
things that the highest and best bid
made and offered for said described
land was one hundred sixteen and two
thirds ($ll6. 66 2-8) dollars per acre
or the sum of ten thousand three hun
dred eighty-three and 3s l-3 100
($l0, 383. 33 i-3l dollars for the eighty
nine (s9) acres, the bid being made by
J. C. Baddeley, and it appearing that
objections to said sale and the con-
firmation thereof was filed on the 23rd
day of February, 1917, prior to said
sale being confirmed, said objections
being based upon the, fact that the sum
bidden by ]. c. Baddeley for said real
ty was disproportionate to the value
thereof and that sum exceeding said
bid by ten per centum, exclusive of
expenses of new sale could be gotten
from other parties who were ready and
willing to deposit the ten per centum
advance on the price, together with
the costs of resale, and it appearing
that on the 9th day of March, 1917,
Earl Gillanders of Pendleton, Oregon,
bid and offered to the Court herein for
said described land the sum of eleven
thousand four hundred seventy-one and
84-l0O tSll,47l. SAY dollars, or ten per
centum more than the bid received by
the executrix on January ~, 1917,
plus fifty $3.50. .00) dollars for the cost
of resale, and that he has deposited
with the Court on said bid the sum of
ten hundred eighty eight and 8i-lOO
($lOSS. BAY dollars as directed by the
Court in order that the Court might
vacate the sale of said land which was
made on January ", 1877, to j. G.
Baddeley and order the land resold.
The Court being advised in the prem
ises and it appearing to the Court that
it is for the best interest of the estate
that said land be re-sold:
Now, therefore, it is Ordered that
the sale of Lots one (D and two ca
and the southwest one-fourth of the
N. E. a, all in Sec. ~, TIP. A, N. R.
85, E. W. NJ, Umatilla County, Ore
gon, containing 50 acres, which was
made by the executrix, Mary LaBrache
Baddeley, on January W, 1917, to ].
c. Baddeley for the sum of ten thou
sand three hundred eighty-three and
33 l-3 hundredths (sl0,sSS.3s 1-3)
dollars be and the same is hereby
vacated and set aside.
1t is further Ordered that the Ex-
ecutrix of the estate herein resell said
described land at public sale t, be
held at the front door of the dwelling
house on said premises, said sale to be
held at the hour of eleven o'clock a. m.
Saturday, April IA, 1917, and said
land to be sold to the highest bidder
for cash in hand, and at sum not less
than the present bid, to-wit: Eleven
thousand four hundred seventy-one and
67-l00 (Sll,47l.67l dollars, the price
now offered for said land by Earl
Gillanders.
Be il further Ordered that the exec
utrix of the estate herein give notice
of the time, place, manner and terms
of the sale of said described land by
publication of this Order in the Athena
Press, weekly newspaper published
at Athena, Umstilla County, Oregon,
having general circulation throughout
the State, said publication to run for
period Of four consecutive weeks prior
to said date of sale; the first publica-
tion to be made on Friday, March IL,
1917, and the last publication to be
made on Friday, the 18th day of April,
1917, and that the executrix post no.
tices of said sale as by law required.
Done and dated in open Court at
Pendleton, Umatilla County, Oregon,
on this 18th day of March, A. D. 1917.
CHAS. H. MARSH,
County judge.