Page:Federal Reporter, 1st Series, Volume 6.djvu/558

 HQ ... PEDERAIt REPORTEE,,. �7 and 8 in said block, constituting a parallelogram, bounded onthewest by theTirestern Une of said lots, and 40 feet in width, and also a rectangle triangular portion of the remain- der of said lot 7, situate in the south-west corner thereof, and having a west Une of 30 feet and a south one of 16 feet in lengthihabendum, "to have and to hold the said promises and appurtenances. " �The mortgage, also contained an agreement that Miller would keep the "buildings'- on the premises insured at $20,- 000, and if he faiJed to db so the mortgagee might foreclose, or procure said insurance and tack the expense thereof to his mortgage. On January 2, 1830, the mortgage aforesaid being infull force and only $3,000 interest paid thereon, said Miller and wife eonteyed the lots and portions of lots afore- said to Oliver C. Tocum, to secure the payment of the prom- issory note of said Miller of December 81> 1879, for the sum of $11,500, with interest at the rate of 1 per centum per month, payable to said Yocum or order one day after date; and also the water-right formerly conveyed to the Oregon Paper Manufacturing (3om{»any by George Marshall, John H. Moore, and Samiuel L. Stevens, by deed of June 8, 1866, to- wit : the perpetuai right to take 300 inches of the water which flows from the channel of the Wallamet river, east of Aber- nethy's island, into the basin of Daniel Harvey, on his mill reserve, on the Oregon City claim, under an average head of eight feet in said basin at low water, together with the right of way across the land of said Harvey for a race to carry said water from the north Une of said basin to the south end of Main street in said city; said right and easement being par- tioularly described in a deed executed by said Harvey, Moore, MarshaU, Stevens, aforesaid, and Joseph Switzler, on August 9, 1864, which note and mortgage were, on January 3, 1880, in consideration of $11,500, duly transferred to the Bank of British North America. �On April 1, 1880, the plaintifif commenced this suit upon said note and mortgage, making said Miller and wife and Apperson defendants therein, and admitting in its bill the ��� �