But said Franks is and will be unable to give said Van Doom title to said lot sold to him except it comes from this plaintiff, and this plaintiff is willing to and here offers to convey said lot to said Van Doom under said contract, with Franks if the money from Van Doorn, or a fair and reasonable part thereof shall be paid to him, plaintiff, and he will take the balance due him, or to become due to him, from said Franks on a lien against the remainder of said contract land held by said Franks.

III. That said Franks paid and satisfied plaintiff under said contract to and including October 10, 1909, and June 6, 1910, the amount then due thereon except $20.60 Interest; that thereafter and until about April 25, 1911, there were claims made by said Franks concerning other deal previous to said contract between plaintiff and said Franks, all of which were settled by said contract, and such claims were fully settled and satisfied and abandoned by said Franks, and on said April 25, 1911. $325.00, part of the amount then due from said Franks, was paid on said contract by Mr. Farr, his attorney, and thereafter, October 10, 1911, $67.50 was like paid by Mr. Farr for Franks, and April 10, 1912, $317.50 was like paid by Franks' check endorsed by Mr. Farr, and thereafter until April 2, 1918, all payments of principal and interest on said contract were promptly made by said Franks when due, he having abandoned the claims he had made from June 6, 1910, to April 25, 1911, and he and his said attorney having then paid all arrearages on said contract.

IV. That there were $250.00 due on principal and $22.50 interest on same for six months due from Franks to plaintiff on said contract April 10, 1918, and April 15th a polite request of payment was made to him by plaintiff's attorney, to whom all payments have been made since the settlement of April 25, 1911, but the same has not been paid nor any part of it, and by the terms of the contract the same is void by reason of said nonpayment and all payments made forfeited, but plaintiff is not disposed to insist on such forfeiture, that the entire amount of said contract purchase price now unpaid at date of drafting this bill of complaint is the sum of $750.00 and interest thereon at six per cent. per year from October 10, 1917, $27.13, total amount due May 17, 1918, $777.13, for which amount claims a lien and for foreclosure thereof.

V. That April 20, 1918, plaintiff received a letter from Mr. Lillie, defendant Franks' attorney, suggesting some claim of Franks against plaintiff which plaintiff does not understand, but believes it to be concerning some matter settled between plaintiff and him in making said contract and afterwards revived by said Franks in his refusal to further make payments thereon June 6, 1910, and April 25th which claim, whatever it was, was abandoned and given up by Franks under advise of Mr. Farr, his attorney, and by his steady and regular payment of amounts due from the last date to April 10, 1918, when the last refusal was made.

VI. That by said contract, plaintiff has the right to declare the same forfeited and he hold the land described therein and contracted to be sold free therefrom, or to have his lien thereon determined to be the amount unpaid thereon, all of which has become due by reason of said default and refusal to pay, and foreclosure thereof, and he, not believing it to be equitable to claim forfeiture, is willing to have his lien determined by the court and sale of the land therefor, and in such case he charges the fact to be that the remainder of the land, after deducting the lot described as sold by Franks to defendant Van Doom, should be first sold and if it shall bring sufficient to pay plaintiff's lien, as plaintiff believes it will, that the lot sold defendant Van Doom, be released therefrom, and this plaintiff will convey the entire land described in the contract to Franks and he can convey his lot to Van Doom, or plaintiff will convey his lot to Van Doorn, and the balance to Franks, as the court may determine, all which propositions are made by plaintiff in his offer to do absolute and complete equity in the premises.

VII. In consideration of the premises plaintiff prays the aid of the court as follows:

(a) That the court will hear the proofs and allegations of the parties and determine and decree the several and gross amounts paid by defendant Franks, on said contract, and the amount unpaid thereon, and the amount due thereon, and decree payment thereof within such reasonable time after entry of the decree as shall be reasonable, which plaintiff suggest should be twenty days.

(b) That the court decree that such amount determined to be due is a lawful lien on the land described in said contract, and that the same be sold to satisfy such lien by a commissioner of the court, the land still held by said Franks to be sold first, and if it shall not bring sufficient to pay the same, then that the part sold to defendant, Van Doom, be sold to satisfy the deficiency.

(c) That plaintiff, or any other interested party may lawfully bid at such sale.

(d) That the commissioner making such sale give the usual legal notice thereof required by law in making chancery sales.

(e) That the commissioner making such sale made the usual commissioner's deed to the purchaser or purchasers at such sale, and that by such sale all rights of defendants herein to said land or such part or parts of same as shall be sold, be forever foreclosed and cut off, and that the purchaser or purchasers at such sale be let into possession by the writ of assistance of the court according to its course and practice.

(f) That if the court shall decree that there be but the payment due on said contract April 2, 1918, and interest, that it further decree the payments due in one and two years from that date to be lawful liens on said land, and that sale may be had therefor when they shall become due unless they shall be duly paid, with interest accruing thereon, as prayed above, to the end that plaintiff shall not be required to file further bills for foreclosure when each payment shall become due.