8. It is further mutually agreed that second party may take possession of said premises at once and remain thereon as long as they shall perform all the covenants and agreements herein mentioned on their part to be performed, and no longer; and that if they shall at any time hereafter, violate or neglect to fulfill any of said covenants or agreements they shall forfeit all right or claim under this contract, and be liable to be removed from said premises in the same manner as is provided by law for the removal of a tenant that holds over premises contrary to the terms of his lease, and notice to quit and of forfeiture are each hereby waived. And it shall be lawful for first party at any time after such default to sell and convey said premises, or any part thereof, to any other person without becoming liable to refund any part of the money received on this contract, or for any damages on account of such sale. And it is hereby expressly understood and agreed that time shall be deemed as of the very essence of this contract, and that unless the same shall, in all respects, be complied with by second party at the respective times, and in the manner above limited and specified, that second party shall lose and be debarred from all rights, remedies and actions, both at law and in equity, upon or under this contract.

Possession of this farm is to be given by first party subject to the rights of W. R. Roch & Co., of Hart, Mich., said lease expires March 1st, 1916.

In witness whereof, the said parties have hereunto set their hands and seals the day and year first above written. (In duplicate.)

James C. Walsh (L. S.)

Inez V. Walsh (L. S.)

Louis F. Breitenwischer (L. S.)

Fannie H. Breitenwischer (L. S.)

Signed, sealed and delivered in the presence of Leo. L. Wood, D. M. Krantz.

County of Ingham, State of Michigan, ss.

On this 18th day of June in the year one thousand nine hundred and fifteen before me, the subscriber a notary public in and for said county, personally appeared James C. Walsh, Inez V. Walsh, Louis F. Breiten wischer and Fannie H. Breitenwischer to me known to be the same persons described in, and who executed the within instrument as vendor, who each acknowledged the same to be their free act and deed.

Moses Krantz, Notary Public, Ingham County, Mich. My commission expires May 9th, 1916.

(Exhibit B) -

Know all men by these presents, that we, James C. Walsh and Inez V. Walsh, husband and wife, of Grand Ledge, Michigan, as parties of the first part and in consideration of the sum of one dollar and other considerations, not herein stated, by Clinton Nelson of Alma, Michigan, as party of the second part, the receipt of which is hereby acknowledged, have sold, assigned, and transferred and do by these presents sell, assign, transfer and set over to the party of the second part, all our right title and interest in and to a certain land contract dated the 5th day of

June, A. D. 1915, made by the above named James C. Walsh and Inez V. Walsh, to Louis F. Breitenwischer and Fannie H. Breitenwischer of Lansing, Michigan, and hereto attached to said assignment.

In witness whereof we have hereunto set our hands and seals this 12th day of November, A. D. 1915.

James C. Walsh, Inez V. Walsh. In presence of C. F. Closson, Harry H. Partlow.

State of Michigan, County of Eaton, ss.

On this 12th day of November, A. D. 1915, personally appeared before me, a notary public in and for said county, James C. Walsh and Inez V. Walsh, husband and wife, who each acknowledged the same to be their free act and deed.

Harry H. Partlow, Notary Public, Eaton County My commission expires Aug. 1st, 1918.

(d) Motion to Dismiss.-(Caption).

Now comes the above named defendants, Louis F. Breitenwischer and Fannie H. Breitenwischer, and moves the court now here for an order that the bill of complaint heretofore filed in this court in this cause be dismissed, and that this cause be dismissed with costs to the said defendants, for the following reasons:

1. Because it does not appear by said bill of complaint filed in said cause that the tax as provided for in Act No. 91 of the Public Acts of 1911 has been paid as in said act provided.

2. Because it does not appear by the copy of said contract as subjoined to said bill of complaint and marked Exhibit "A," that the special tax as provided for in Act No. 91 of the Public Acts of 1911 of the State of Michigan, has been paid.

3. Because it does not appear by said bill of complaint that the county treasurer for the County of Montcalm, State of Michigan, has certified on said land contract the amount secured thereby and the amount of tax received by him as is provided by Act No. 91 of the Public Acts of 1911 of the State of Michigan.

4. Because it does not appear by a copy of said land contract subjoined to said bill of complaint marked Exhibit "A" that such certificate certify ing the amount secured by said contract and the amount of taxes received by said county treasurer for said county has been certified on said land contract by said county treasurer as is provided by Act No. 91 of the Public Acts of 1911, State of Michigan.

5. Because by the provisions of section 8 of Act No. 91 of the Public Acts of 1911 of the State of Michigan, it is provided that no mortgage or land contract which is subject to the tax imposed by said act shall be released, inforced, discharged, or recorded, or received in evidence in any action of proceeding in law or equity until the tax imposed thereon by said act shall be paid as in said act provided.

6. Because said bill of complaint does not show that said tax has been paid.

7. Because said land contract subjoined to said bill of complaint and marked Exhibit "A" does not show that said tax has been paid as in said act provided.

8. Because said tax has not been paid.

This motion is made in accordance with section 4 of chapter 14 of Public Act 314 of the Public Acts of 1915 of State of Michigan, known as the Judicature Act and it is intended to raise all questions properly raised thereunder, and also all questions as might heretofore be raised by demurrer.