Volume 25 — Oregon Reports

Stearns, Judge. This is a suit by Chas. H. Gray against Jefferson Perry and Walter Corbin and wife to enforce a claim upon real property. The facts show that on May first, eighteen hundred and ninety, the defendant, Walter Corbin, entered into a contract with Messrs.

H. Burnett, Judge. This is a suit by Alexander Esson against Vallier Wattier to enjoin the defendant from constructing a dam across Big Pudding River, in Marion County.

: Loyal B. Stearns, Judge. This suit was brought by R. L. Sabin, in behalf of himself and other unsecured creditors who might -join with him, against the Columbia River Lumber & Fuel Company, a corporation, the Commercial National Bank, James F. Watson, trustee, Borthwick & Fraine, partners, and H. B. Borthwick, C. W. Knowles, and D. J. Moore, to set aside certain real and chattel mortgages given by the Columbia River Lumber & Fuel Company to Watson, as trustee, to secure…

D. Shattuck, Judge. This is an action by Michael Beck against the Portland & Vancouver Railway Company to recover damages for personal injuries alleged to have been sustained by the plaintiff, and caused by the negligence of the defendant. The answer denied the alleged negligence, and set up as a defense the contributory negligence of the plaintiff, which the reply denied. The trial resulted in a verdict and judgment for the defendant, from which this appeal was taken.

L. Bradshaw, Judge. This action was commenced by H. A. Belknap, H. P. Belknap, and S. I. Belknap, partners, in the circuit court for Crook County against C. M. and Mamie Charlton, residents of Morrow County, to recover the sum of sixty-one dollars and twenty cents upon an account for goods, wares, and merchandise sold and delivered, and for services rendered.

Stearns, Judge. Suit by H. E. Dillon against J. D. Hart and C. 0. Newcastle to enforce an alleged lien for material said to have been furnishe.d to Cramer & Krupke, who were erecting a building on the land of the defendants. Decree for plaintiff, and defendants appeal.

G. Munly, Judge. This is a suit to reform and enforce a written lease of real property.

G. Munly, Judge. This is a suit by Thomas Shute against J. A. Johnson and wife to set aside a deed to real property.

: Loyal B. Stearns, Judge. The object of this proceeding is to determine the order in which the proceeds of the sale of certain property, made under an assignment for the benefit of creditors, shall be distributed.

D. Shattuck, Judge. This is a proceeding in rem, under section 3690 of Hill’s Code, brought by The Portland Butchering Company against the steam propeller Willapa, her tackle, apparel, and furniture, to enforce a lien for supplies furnished the vessel in her home port. The boat having been seized by the sheriff pursuant to the provision of section 3694 of Hill’s Code, Frederick B. Strong, as claimant, filed an undertaking under section 3698, and obtained her release.

Stearns, Judge. This is a suit by D. Bartholomew and James Hyland against Lyle N. Aumack, E. H. Averill, and James G. Mc-Callum, for an accounting.

G. Munly, Judge. J. Bloodsworth was indicted for obtaining money by false pretenses, committed as follows: “The said J. Bloodsworth, on the fifteenth day of December, A. D., eighteen hundred and ninety-two, in the county of Multnomah, and state of Oregon, did feloniously and falsely represent and pretend to one George H. Hill that a certain written and printed paper with certain writing thereon signed by J. Bloodsworth, then and there produced by him, the said J.…

L. Bradshaw, Judge. This is an action by Ah Doon against O. S. Smith to recover the sum of seven hundred and forty dollars, alleged to have been loaned by plaintiff to the defendant, and also the sum of one hundred and forty-five dollars, alleged to have been received by the defendant for the use and benefit of the plaintiff.

D. Shattuck, Judge. Action by E. D. Pierce against Penumbra Kelly, sheriff of Multnomah County, to recover possession of a stock of groceries. Pierce claimed to be a mortgagee of the property after condition broken, while the sheriff claimed possession under a writ of attachment in an action brought by E. S. Larsen & Co. against the mortgagor to recover the value of goods, wares, and merchandise sold and delivered to him prior to the making of the mortgage.

Hurley, Judge. E. W. Lester recovered a judgment against Jacobena Elwert, and the latter took steps tending to an appeal. The transcript not having been filed, the respondent moves the supreme court for an affirmance of the judgment under rule seven of the rule of the supreme court promulgated February twenty-eight, eighteen hundred and eighty-nine: 19 Or. 589.

Hurley, Judge. This was an action brought by the Bridal Veil Lumbering Company, under sections 3239 and 3240 of Hill’s Code, against D. S. Johnson to appropriate a right of way across defendant’s land. The company having previously attempted to build across defendant’s land without making any compensation whatever, was successfully enjoined, 24 Or. 183, and thereupon began this action.

D. Shattuck, Judge. This is an action by John Bays to recover the possession of lots five and eight in block eighty-seven of Couch’s Addition to Portland, to which the plaintiff claims title by virtue of a deed from the chief of police of said city upon a sale of said lots for an alleged delinquent assessment; while the defendant claims title by mesne conveyances from the United States.

B. Stearns, Judge. This is a suit by L. Fleischner against the Citizens’ Beal Estate & Investment Company to restrain the defendants from maintaining a private nuisance, and for the recovery of the damages resulting therefrom.

: Hartwell Hurley, Judge. This is a suit in equity brought by Cicero H. Lewis, Henry F. Allen, partners as Allen & Lewis, and Mary H. Couch, Geo. H. Flanders, and W. S. Ladd against the City of Portland and others and to restrain them from appropriating to public use without compensation to the owners thereof a strip of land at the foot of Burnside Street in said city.

<p>• Juror’s Eees—Talesmen—Code, ? 2348.— A talesman summoned on a special venire from the body of the county acts as a juror within the meaning of section 2348, Hill’s Code, and is entitled to his fees, if he attends court in obedience to the process, though he does not serve on the jury; it is otherwise with a talesman summoned from the bystanders.</p>

G. Múnly, Judge. A. J. Adams was convicted of the seduction of Amelia Nobbs under a promise of marriage, contrary to the provisions of section 1863, Hill’s Code, and appeals.

G. Munly, Judge. The defendant, M. Koshland, was indicted for the crime of issuing a warehouse receipt for goods not actually in store.

D. Shattuck, Judge. The plaintiff, H. E. Davis, brought an action against the defendant, E. H. Bowman, for the sum of three thousand dollars, with interest thereon at the rate of ten per cent per annum from the twenty-sixth day of January, eighteen hundred and ninety-two, as damages sustained by the defendant’s wrongful conversion to his own use and benefit of certain musical goods and instruments, known as the stock of the Durand Organ & Piano Company, upon which the…

This action was brought by H. M. Jameson and A. F. Johns against Geo. L. Coldwell, to recover certain commissions alleged to be due for making a sale of a quantity of lumber for the defendant.

<p>Appeal from Multnomah: E. D. Shattuck, Judge.</p> <p>Defendant appeals.</p>

L. Bradshaw, Judge. This is an action to recover money. The complaint alleges, in substance, that the plaintiff, at the special instance and request of the defendant, between the dates specified, in Crook County, Oregon, “loaned the defendant money, furnished him goods, wares, and merchandise, paid out money at his request, etc., to the full aggregate amount of seven hundred and forty-eight dollars and fifty-eight cents”; that the “defendant agreed and promised to pay the…

G. Munly, Judge. Elias Chaims was indicted for assault with intent to commit a rape upon a female child under fourteen years of age. Nellie Bower, the prosecutrix, testified that defendant took improper liberties with her. Other witnesses testified to the place where defendant was seen with her; and defendant denied the charge as sworn to by prosecutrix, and offered testimony as to his good reputation.

Stearns, Judge. This was a suit in equity brought by Ona Watson Sloan, personally and as administratrix of the estate of Andrew J. Watson, deceased, and F. R. Osborn, the guardian ad litem of Grace Watson, Alfred P. Watson, and Ona P. Watson, the minor children of said Andrew J. Watson, against John H. and Charles H. Woodward, with their wives, and the Portland Trust Company, to have John H. Woodward declared a trustee of certain lands. The matter having been referred to Wm.

Stearns, Judge. This suit was brought by S. Patterson and P. Gillam against W. K. Smith and Geo. Woodward, the owners of certain property, and Martin Gallagher, their tenant, to foreclose an alleged lien.

Munly, Judge. This is a suit originally brought by the Oregon & California Railroad Co. and the Southern Pacific Co. against the City of East .Portland, its officers and employes, to restrain it and them from building ¿levated roadways on G and H Streets, adjoining plaintiffs’ property, and to enjoin the collection of the assessment therefor.

<p>Appeal from Multnomah: M. G. Munley, Judge.</p> <p>George Morey having been convicted of murder in the first degree appeals.</p>

D. Shattuck, Judge. This appeal is brought by the defendant, H. D. Winters, to reverse a judgment recovered against him by May Osmun, in an action for a breach of promise of marriage.

D. Shattuck, Judge. The plaintiff commenced an action in the circuit court of Multnomah County to recover from the defendant two thousand dollars on account of the death of her son, Benjamin P. Craft, who was run over by one of the engines of the defendant, and from the effect of which h.e died on August fifteenth, eighteen hundred and ninety-two.

Stearns, Judge. This was a suit brought by R. R. Coleman against the Oregonian Railroad Company to foreclose a subcontractor’s lien under the act of February twenty-fifth, eighteen hundred and eighty-nine: Laws, 1889, p. 75.

K. Hanna, Judge. This is an action brought by Alonzo Nutt against the Southern Pacific Company to recover damages for personal injuries alleged to have been sustained by him through the negligence of the defendant while unloading some heavy tiling from a flat-car. The trial resulted in a verdict for the plaintiff, and from the judgment which followed this appeal is prosecuted.

D. Shattuck, Judge. This is a special proceeding by Albert T. Smith and others to review the action of the common council of the city of Portland in the matter of assessments for the cost of constructing a sewer.

D. Shattuck, Judge. This is an action by Rebecca Corbett against S. E. Wrenn to recover damages for the breach of a warranty against incumbrances.

D. Shattuck, Judge. This is an action brought to recover damages for injuries alleged to have been sustained by the plaintiff through the negligence of the defendant.

K. Hanna, Judge. This is a suit by Elizabeth Snider against John Y. E. Johnson and wife to establish a resulting trust in land.

K. Hanna, Judge. This is an action by A. Bush of Salem against Sol Abraham of Roseburg to recover money on a real estate broker’s contract.

H. Burnett, Judge. The defendant, A. S. Huntley, was convicted of the crime of burglary under an indictment, the charging part of which is as follows: “ The said A. S. Huntley, on the fifteenth day of November, a.d. eighteen hundred and ninety-two, in the county of Marion, and state of Oregon, then and there being, did then and there unlawfully and feloniously break and enter, in the nighttime, a dwelling-house, in which there was at the time a human being, to wit, Isabelle…

C. Fullerton, Judge. This is a suit by Louisa P. Osborn against Ketchum and Holgate to reform a deed.

H. Burnett, Judge. Action by Mary Cougill against the. Farmers’ and Merchants’ Insurance Company of Albany, Oregon, on a judgment of the superior court of Jefferson County, Washington. There was a judgment for plaintiff, and defendant appeals.

Stearns, Judge. This is a suit in equity, brought by W. A. Currie, as receiver of the Durand Organ & Piano Company, against B. H. Bowman,… Held: in effect, that the company had acquiesced in the execution of said mortgages; that they were not void upon their face, or by reason of any extrinsic facts, as against the creditors of said company; that they constituted a lien upon the stock of goods, and that the defendant was entitled to hold the same, and to retain the moneys…

D. Shattuck, Judge. This is an action by Minnie Rosenau against Albert and Amelia Syring to recover damages for the unlawful conversion of personal property.

A. McBride, Judge. The defendant was indicted, tried, and convicted of the crime of murder in the first degree, by striking and killing ¿is wife, Caroline Hansen, in Clatsop County, and a motion for a new trial having been overruled by the court, the defendant was sentenced to be hanged. From this judgment he appeals, and assigns as error the admission of certain evidence and the giving and refusal of certain instructions.

C. Fullerton, Judge. This is an action by James Calvert against the Idaho Stage Company, a corporation organized under the laws of Utah.

A. McBride, Judge. This is a suit in equity by J. W. Babbidge to enjoin the defendants from selling lots one and two in block seventy-five, McClure’s Astoria, owned by the plaintiff, which lots C. W. Loughery, as chief of police, was proceeding to sell pursuant to certain warrants alleged to have been duly issued for the collection of street assessments made against said lots to defray the expenses in part of improving Court Street in said city, and also to have such…

<p>Instructions to Jury—Practice.— A party to an action who has given evidence tending to sustain the issues on his part is entitled to have the jury instructed on his theory of the case.</p>

<p>Appeal from Clatsop: T. A. McBride, Judge.</p>

C. Fullerton, Judge. This is a suit by N. Williams against the Toledo Coal Company and others to foreclose a miner’s lien.

C. Fullerton, Judge. Action by Roland Ward against the Southern Pacific Company for damages. The complaint alleges that by the negligence of the defendant in the management of its locomotive engine, a son of the plaintiff, about six years of age, was run over and killed. The answer denies such alleged negligence, and sets up as a defense that the plaintiff and his son were contributorily negligent. Tho reply denies the new matter in the answer.

H. Burnett, Judge. . This is an action by Clark Brothers against Philip Wick on an implied contract for board and feed furnished the defendant by plaintiffs, and on certain accounts for labor performed for defendant by one Cree and one Fitzwater, and by them sold and assigned to plaintiffs.

H. Burnett, Judge. This is an appeal from a judgment of the circuit court of Marion County, dismissing a writ of review issued by said court at tbe instance of plaintiff to review the proceedings of the county court in disallowing and rejecting a claim presented by said plaintiff for three thousand seven hundred and sixty-three dollars and ninety-seven cents, being the amount collected by the defendant from the taxable property within the corporate limits of the city of…

C. Fullerton, Judge. The complaint in this case contains ten separate causes of action, based on ten certain promissory notes, all which causes are stated in the same language, except as to the dates, amounts, and names of the makers of the several notes. Each note is indorsed by the defendants, who are strangers thereto, which indorsements were made before such notes were delivered to the payees therein, and read as follows: “ Creighton & Quivey, agents.

H. Burnett, Judge. This is an action by Eli T. Branson against Henry Gee, to recover damages, alleged to have been caused by the defendant’s entering upon the plaintiff’s lands described in the complaint, digging and taking gravel therefrom, and leaving the fences open, so that cattle entered upon and. destroyed his pasture.

EL Burnett, Judge. This is an action to recover possession of a certain portion of the north half of the donation land claim of E. C. Dice and wife, bounded, as described in the complaint, on the west by the Oregon & California Railroad Company’s right of way strip, on the east by the east line of the donation claim, on the south by a line running east and west dividing the claim into equal parts, and on the north by “a line beginning at the west margin of a certain slough…

<p>Appeal from» Marion: Geo. H. Burnett, Judge.</p> <p>This proceeding was commenced in the county court of Marion County to set aside and revoke the appointment of Seth R. Hammer as administrator of the estate of Henry E. Sterling, deceased, and for the appointment of R. J. Fleming in his place. The facts are that on February twenty-first, eighteen hundred and ninety-three, and within thirty days after the death of Sterling, Hammer was, on the petition of the only heir of deceased, appointed administrator of his estate, and immediately qualified and entered upon the discharge of his duties. After the expiration of thirty days, and within forty days from the death of the intestate, Fleming and other creditors filed a petition for the removal of Hammer and the appointment of Fleming, in which it was alleged, among other things, that Fleming is the principal creditor of the estate, and that Hammer is not a creditor thereof. In response to a citation, Hammer appeared and moved to dismiss the petition. The motion was accompanied by, and in part based upon, an affidavit of Hammer, in which he states that the estate is indebted to him for cash loaned to the deceased on or about December twentieth, eighteen hundred and ninety-one, and that the petition for his removal is false in alleging that he is not a creditor. Upon this showing, the county court denied the prayer of the petition, and, on appeal to the circuit court, its action was affirmed, hence this appeal.</p>

H. Burnett, Judge. This action was brought by Jesse T. Cook and others against E. M. Croisán to recover the value of certain personal property which the defendant, as sheriff, seized and sold under an execution.

<p>1. Service op Notice op Appear.— A written acknowledgment of the service of a notice of appeal by one of the parties is insufficient to authorize the court to assume jurisdiction without proof of the authenticity of the signature.</p> <p>2. Jurisdiction—Presumption.— In ease of an appeal on a jurisdictional question, the court will not presume that there was any proof beyond what appears in the record.</p>

H. Burnett, Judge. This is an action of forcible entry and detainer by Anna Forsythe against M. E. and Ada Pogue, brought before the recorder of the city of Salem, acting as ex officio justice of the peace, for the recovery of the possession of certain real property situated in said city.

C. Fullerton, Judge. This is a suit by David Cherry to enjoin the defendant, Alex. Matthews, as road supervisor, from taking gravel from the lands of plaintiff for the repair of the roads adjoining or near such lands.

C. Fullerton, Judge. This is an action by David Cherry to recover damages for injuries to his lands, alleged to have been caused by taking gravel and stone therefrom by the road supervisor of the district for the repair of the county roads adjoining such lands.

H. Burnett, Judge. This is a proceeding in the nature of a crossbill by Geo. W. Whiteaker against Jennie Belt to enjoin an action at law commenced by Mrs. Belt against Whiteaker to recover a dower interest in certain real property in Polk County.

<p>Appeal from Benton: J. 0. Fullerton, Judge.</p> <p>Defendant appeals.</p>

H. Burnett, Judge. This is an action to recover a balance of three thousand seven hundred and thirty-three dollars and fifty-one cents alleged to be due from Linn County to the state of Oregon on account of state taxes for the year eighteen hundred and ninety-one.

H. Burnett, Judge. This is an action by E. J. Harding against the defendant, as administrator of the estate of J. W. Grim, deceased, upon a promissory note made, executed, and delivered by his intestate to plaintiff on February seventh, eighteen hundred and fifty-eight, for the sum of five hundred and thirty-six dollars, payable two years after date, for which a verified claim 'was duly presented to and rejected by the defendant, as such administrator on the eleventh day of…

C. Fullerton, Judge. This is a suit brought by certain residents and taxpayers of the city of Corvallis to restrain the mayor, police judge, and members of the' common council of said city from purchasing the plant of the Corvallis Water Company, and issuing bonds for the purpose of raising money to pay therefor.

H. Burnett, Judge. This is an action by J. IL Van Bibber against Hugh Fields to recover the sum of nine hundred and eighty dollars and fifty cents for work and labor alleged to have been performed by plaintiff for the defendant.

A. McBride, Judge. This is a suit by August C. and Wilhelmina Kanne against William and Agnes Otty to quiet title.

A. McBride, Judge. This is a suit by John Honeyman and others to foreclose an alleged mechanic's lien.

Clifford, Judge. This is an action by Charles F. Hyde, district attorney, against S. L. Cross and J. W. Greenwell, on an undertaking of bail for the appearance of one Lester Greenwell to answer a criminal charge.

Clifford, Judge. This is a suit by William Parsons to restrain the defendants from selling exempt personal property upon execution.

<p>Appeal from Baker: Morton D. Clieeord, Judge.</p> <p>This is a suit by Leonard Low to enjoin John Rizor from diverting the waters of Alder Creek, which flows in a natural channel through his land, and thence in an easterly direction through plaintiff’s adjoining land. The facts are that the plaintiff, in eighteen hundred and sixty-six, settled upon a tract of unsurveyed public land, and enlarged a ditch thereon,. by which the waters of Alder Creek had been appropriated by a former occupant of said tract, and in eighteen hundred and sixty-eight dug another ditch, and by them has diverted the water from said creek, and appropriated it to irrigate his cultivated land, consisting of about fifty-five acres of meadow and five acres of orchard, which he has constantly occupied since the date of his settlement; that the township in which said land is situated having been surveyed, in eighteen hundred and seventy-four, and the plat thereof having been filed in the local land office of the district May first, eighteen hundred and seventy-five, the plaintiff made a homestead filing upon the north half of the southwest quarter, the southeast quarter of the southwest quarter, and the southwest quarter of the southeast quarter of section thirty-four in township ten south of range forty-two east of the Willamette Meridian, containing one hundred and sixty acres, and embracing his cultivated land, and on March first, eighteen hundred and ninety-three, received a patent from the United States for said tract; that about eighteen hundred and sixty-two one C. W. Herman settled upon an adjoining tract of public land, commonly called “StrawRanch,” now owned by the defendant, built a house, and dtíg a ditch on the south side of said creek, capable of diverting about twenty inches of water, and appropriated a part of the water to irrigate a small garden, and on May third, eighteen hundred and sixty-four, he conveyed all his interest in Straw Ranch to Hiram Huffman, who that year dug another ditch on the north side of said creek, capable of diverting about fifty inches of water, and appropriated a part of it to the irrigation of another about the first of July, when it dries up, but that he has not used the water from Kitchen Creek more than three or four years; that in eighteen hundred and ninety he irrigated a small garden by diverting the waters of a spring which discharged into Alder Creek, and in the following year he dug another ditch from Alder Creek which diverts about four inches of water; that the defendant since eighteen hundred and eighty-four has increased the area of his cultivated land from two to forty acres, and, with the water so diverted, raises excellent crops of hay, grain, fruit, and vegetables, but, deprived of the use of the water, his land would be rendered nearly valueless.</p> <p>The plaintiff for cause of suit alleges a prior appropriation of all the waters of said Alder Creek, and an unlawful diversion by the defendant, who, for answer, after denying the material allegations of the complaint, alleges that his grantors and predecessors made the prior appropriation; that he and they have acquired a right to the water of said creeks by an adverse user thereof; and that plaintiff seeks to obtain the water for speculative purposes. A reply having put in issue the allegations of new matter contained in the answer, the cause was referred to J. L. Rand, Esq., to take testimony and report the same, with his findings of fact and law thereon; and the referee, having found that defendant and his predecessors had acquired a right by adverse user of all the waters of Straw Ranch Creek, that plaintiff was the prior appropriator of the waters of Alder Creek to the extent of sixty-five inches under a six-inch pressure, and that defendant was entitled to the next fifty inches, measured under like pressure, recommended a decree according to said findings. The court, however, modified the report of the referee, and found that the defendant and his predecessors made the prior appropriation of garden; that Huffman transferred said ranch to Valentine Gray, who took possession of it, and cultivated the gardens by irrigation, but, being unable to make payment of the purchase price, restored the premises to his said grantor; that a stage company built a house and barn on said Straw Ranch, where it kept its stock and a way station, but having discontinued the station at that place, the buildings were, in eighteen hundred and sixty-six, sold by one George Atkinson to the plaintiff, who moved them to his own land; that Robert Kitchen was the next occupant of Straw Ranch, but from whom he obtained the right of possession, or when he established his residence thereon, are disputed facts of the case. Kitchen, in eighteen hundred and seventy-nine, transferred his interest in the premises to S. A. Heilner, from whom the defendant, by mesne conveyances and transfers, acquired possession on May tenth, eighteen hundred and eighty-four. It also appears that defendant made a homestead filing upon the north half of the southeast quarter, the northeast quarter of the southwest quarter, and the southeast quarter of the northwest quarter of section thirty-three in said township and range, and on July seventh, eighteen hundred and ninety-one, he obtained the United States patent for said land; that when defendant took possession, the cultivated portion of Straw Ranch consisted of a garden containing about two acres, and, in addition to the old ditches, two others had been dug, one from Straw Ranch Greek; and the other from Kitchen Greek, tributaries of Alder Creek; that Kitchen and his successors in interest prior to defendant had appropriated about six inches of water to irrigate said garden, and the excess flowing in the ditches was returned to Alder Creek, and appropriated by the plaintiff; that the defendant and his predecessors have for more than ten years used the waters of Straw Ranch Creek, which furnishes about five inches or one fifth of the natural flow of the Waters of said Alder Creek, at no time to exceed twenty inches, decreed a perpetual injunction against the diversion of more than that quantity, and awarded plaintiff his disbursements for clerk’s and sheriff’s fees, and, with this exception, decreed that each party pay his own costs, from which the defendant appeals.</p>

Clieeord, Judge. This is a suit by P. G. McBroom to enjoin the defendants from diverting the waters of a branch of the Walla Walla River, in Umatilla County, Oregon.

Union: James A. Fee, Judge. This is an action by the firm of Williams & Groat against the Island City Mercantile and Milling Company to recover the sum of two thousand five hundred and seventy-two dollars and thirty-five cents, an alleged balance due on account for materials, machinery, and appliances furnished, and work and labor performed, by the plaintiffs for the defendant.

Clieeord, Judge. This is an action brought by J. P. Bowen against John G. Clarke, John A. Basche, and P. Basche, jointly, to recover a certain amount claimed to be due for rent under the following written lease:— “This indenture, made this tenth day of June, A. D., one thousand eight hundred and ninety, by and between John P. Bowen of Baker City, Oregon, and John G. Clarke, and John A. Basche, and P. Basche, as surety, all of Baker City, Oregon,—Witnesseth: that in…

Clifford, Judge. This is a suit by Joseph Manaudas to have the defendant Mann declared a trustee of the south twenty feet of lot number two, block number two, in Fisher’s Addition to Baker City, to compel him to convey the same to plaintiff and to account for the rents and profits.