The Weston leader. [volume] (Weston, Umatilla County, Or.) 189?-1946, 1920-07-02

In tho Circuit Court or the state a.
Orgnn for umntllln Cuun,y,

Oregon for umatilin tuun'N
J. A. Nelson. Plaintiff W., William
u, Schrlmpf, lauretta Schrtmrh W.
y, Haynie, omar stephens, The Far
mors Rank Of Weston, a corporation
OF Weston, oregon, aud Gardner ano
Co, a corporation OF Walla Walla,
WASHINGTON. Defendants.
To william n schrimpf laurctta
schrlmpf and Gardner and CO., eor'
pnration of walla Walla. Washington,
defendants above named;
IN THE NAME OF THE STATE OF
OREUuN You are hereby required 10
appear and answer the cross con''
Nlaint filed against you IN the above
entitled suit by Tho Farmers lMnh oi
Weston, on or before the 10th day "t
July, 1890, and You viii mkc notice
IL YOU fail To answer Or otherwise APP
pear In said suit ON or before said daN,
said defendant, for want thereon VIII
apply TO the above entitled court Tor
tho relief prayed Tor In it's said cross
complaint on file In said cause, tn-wu'
For the foreclosure nf that certain
mortgagc, dated On the lsth daN OF
August. 1919, securing a promiSsorS
note Of said date Tor S6sf,96, with IN
trrcSt at the rate ot per cent per an'
mum until paid. said mortgage hoinr
given on the following described land
situated In Umatilia County. state of
oregon. tu-wtts
Rcginuing nj point on the South
line Of lot two. section ~ Township D.
North OF Rangc Sa T. W, N, and dts
tant Tree feet West FROM the hair see
tion corner between Section 10 ana u
said Township 6: thence West nlons
the said South line ~ Lot ., 1907 l-s
feet. thence north at right angles SsI
feet: thence north o degrees 10 min,
East 1897 l-s feet: thence South SIs
l-2 feet to the point of beginning, con-
tanning - acres.
The party of the first part intending
to convey all risht title and interest
OF tho party OF the first part t. the
water right for 10 IL acres of the
above described property not to exceed
p.tg cubic feet Of water per second
unless such right shall exceed the
same In such event all right belonSing
To said land Is conveyed.
Also beginning ut u point ON the
South line of Lot " Section u. TIP
n. IL.
feet West from tho half section cor
ner between sections i6 and II OF said
Township 8: thence West along tho
said line OF Section II, $50 feet
tMnce north at right angles Ssa.S
feet: thence north o degrees and l6
min. east 1863 feet; thence south S21
feet to the point OF beginning contain
ing acres.
The party OF the first part intend
ing TO convey all right. title and inter
est OF the party Of the first part tn
water right to the above described
acres not to exceed O.li5 cubic feet OF
water per second. unless such rtght
shall exceed the same In which event
all rights belonging to said land Is
conveyed.
Also hereby conveying to the party
of the second part right OF way for
an irrlgating ditch as now located and
the right to keep the same In repair
and to keep up, maintain and rebuild
the dam now used for the diversion
of the water into said ditch, which
ditch Is used to convey water unto the
land hereby conveyed for Irrigation
purposes which said ditch and dam are
located on lands owned by parties OF
the first part in Section II, but the
right hereby conveyed however not
being exclusive.
Excepting and reserving from this
conveyance a right OF way TO the
parties OF the first part and their sue
cessors In interest as the owners ot
the adjoining property on the west
right of way for an irrigation ditch
to be constructed maintained and
kept In repair by the parties of the
first part with the right Of ingress ana
egress for such purposes and To con
vey water In such ditch which tx 10 be
over and across the lands hereby con-
vcyed In a general easterly and west
erly direction, such ditch to be located
and constructed by the parties Of tho
first part, and also rcacrving to tho
PARTIES of the first part as tho owners
of the land on the south OF the land
hereby conveyed the right TO turn
surplus unused irrigation water on tho
land hereby conveyed, the same to be
taken care of by the owners OF the
land hereby conveyed. together with
the tenements, hereditaments and APP
purtanences hcreunto belonging or
In any wise appertainlng ana
recorded In the office Of the
County Recorder OF Umatilla County,
Oregon, on the 18th day OF August,
1919, in Book Gs Of Mortgages at page
229 thereof for judgment. Joint ana
several against william Il. Schrimpf
and Lauretta schrimpf for $627.96
with interest at the rate Of per cent
from the 18th day of August, 1913,
for $50 reasonable attorney fees and
for this defendants costs and disbursc-
ments: for the sale Of the said prop
erty and the application Of the pro-
ceeds to the payment Of said Judgment,
costs and disbursements, costs and
expenses of sale and attorney fees,
that plaintiffs mortgage be foreclosed
as in plaintiffs complaint prayed for,
and If any money remains from the
payment OF plaintiffs mortgage that
the same be applied TO the payment Of
this defendants judgment; that all
persons claiming through defendants
William u. Schrimpf. Lauretta
Schrimpf, w. r. Haynie, Omar Steph-