18 rsnmmn nsronrmn.
William H. Holmes, for defendants.
Dmnr, J. This suit is brought to enforce the lien of two mort-
gages, executed by Thomas Cross and Plume. F., his wife, to secure
the payment of two promissory notes made by said Thomas Cross,-
the one on November 1, 1871, to the firm of Allen & Lewis, for the
sum of $30,000, payable in three years after date, with interest at 10
· per centum per annum, and the other on January 23, 1872, to the
same firm, for the sum of $10,000, payable in one year from date,
with interest at 12 per centum per annum. The mortgages werealso
made to Allen & Lewis, and each was executed contemporaneously
with the note it was intended to secure. The nrst one includes 15
parcels of agricultural land situate in Marion county, and contain-
ing about 3,361.54 acres, and the second one includes the same prop-
erty, and also certain lots and parts thereof situate in Salem, in said
county. The two parcels numbered 14 and 15 were the property of ·
Plume]`., and consist of 80 acres of the donation of David Leslie,
and the donation of F. S. Hoyt and wife, containing.131 acres. V
On September 16, 1872, Pluma F. died, and on January 22, 1876,
the notes beingstill unpaid, Thomas Gross conveyed the premises to
Mr. C. H. Lewis, of Portland, and of the firm of Allen & Lewis, on the
parol, but admitted, trust and understanding that Lewis would, at
the expense of the property, farm or let the same, and apply the rents
and profits arising therefrom on the debts secured thereon; and that
A he might, with the consent of Cross, sel-l and dispose of the whole, or
any portion, of said land, either at public-or private sale, and apply the
` net proceeds thereof on said debts. On February 5, 1884, Thomas
Cross died, and soon after the notes and mortgages were indorsed
and assigned to Mr. L. H. Allen, of San Francisco, a member of said
firm, and the plaintiff herein, who, on August 6, 1884, commenced
this suit. On January 20, 1885, an order was made that the bill be
taken for confessed against all the defendants except Edwin G. Cross
and Frank R. Gross, the children and heirs of Pluma F., who, on
March 10th, answered jointly, the latter by the former, as his guard-
ian. .
During the year 1876 the defendant Lewis, with the approvaland
_ ` co-operation of Thomas Cross, had the portion of the lands lying in
township 6 S., and range 3 W., and containing 2,326.37 acres sur-
veyed, and divided into tracts of near 40 acres each, and a plat thereof
made and duly recorded, and the same appraised by Cross and other
disinterested and qualified persons. Between October 14 and No-
vember 15 of this year, Lewis, in pursuance of said trust, sold at
private and public sale 862.46 acres of the land so surveyed and ap-
praised for the sum of $8,593.81, the same being $268.16 more than
the appraised value thereof, which was applied as follows: (1)
$809.85,in payment of the expenses of the sale, including the cost
of the survey, plat, and advertisements; (2) $725.50,‘paid on March