Wherefore the plaintiff being without remedy in the premises, except in a court of equity, prays:

(a) That the said defendants may each be required to make true answers to each and every allegation herein contained but not under oath (the answer under oath being hereby waived).

(b) That the said Menazip Perron upon the filing of this bill of complaint be restrained by the order of this court during the pendency of this suit, from cutting or logging upon or removing any of the timber from said lands and that likewise his agents, attorneys, representatives or assigns be also so restrained, and that upon the final hearing of this cause each of them be perpetually restrained.

(c) That the aforesaid contract made and executed by the plaintiff to Celestine and Elginas Boissonneault be reformed so as to express the true intent of the parties.

(d) That there may be a division and partition of the said land and premises by and between the parties to this action according to their respective interests in said lands and timber.

(e) That the plaintiff may have such other or such further relief in the premises as equity may require and as to this court may seem best.

Louis LaBranche, John H. O'Hara, Plaintiff

Attorney for plaintiff,

Business address: Menominee, Mich.

Louis LaBranche, being first duly sworn, deposes and says that he has read the foregoing bill of complaint signed by him and knows the contents thereof and that the same is true of his own knowledge, except as to matters therein stated upon information and belief, and as to these matters he believes it to be true.

Subscribed and sworn to before me this 10th day of December, A. D. 1918.

J. Chas. Guay. Notary Public, Menominee County Michigan.

My commission Expires May 18, 1921.

(c) Exhibit "A."-Of Plaintiff.-This contract, made this twenty-sixth day of November, in the year one thousand nine hundred and thirteen, between Louis LaBranche, of the Township of Spaulding, County of Menominee, State of Michigan, party of the first part, and Celestine and Elginas Boissonneault, of the same township, same county and same state, parties of the second part,

Witnesseth, that the said party of the first part, in consideration of the sum of fourteen thousand and five hundred dollars, to be duly paid as hereinafter specified, hereby agrees to sell and convey to the said parties of the second part, all of the following described land, situated in the township of Spalding, County of Menominee, State of Michigan,

The northeast quarter (NE 1/4) and the west half of the southeast quarter (W 1/2 of SE 1/4) all in section twenty-six (26), the northwest quarter of the northeast quarter (NW 1/4 of NE 1/4), the south half of the northwest quarter (S 1/2 of NW 1/4) all in section thirty-six (36), the northwest quarter of the southeast quarter (NW 1/4 of SE 1/4) and the southeast quarter of the southwest quarter (SE 1/4 of SW 1/4), all in section twenty-two (22) all in township forty (40) north of range twenty-six (26) west, containing five hundred and twenty (520) acres more or less according to the government survey thereof, excepting and reserving all mineral rights, to enter and remove same without cost to said Louis LaBranche, for the sum of fourteen thousand five hundred ($14,500.00) dollars which said parties of the second part agree to pay to the said party of the first part as follows: Seven thousand ($7,000.00) dollars on the execution and delivery of this contract, and the receipt whereof is hereby acknowledged, and thirty-seven hundred and fifty dollars ($3700.50) one year from the date hereof, and thirty-seven hundred and fifty dollars ($3700.50) two years from the date hereof with interest on all sums at any time unpaid, at the rate of seven per cent. per annum, interest payable annually.

Said parties of the second part also agree to pay in due season all taxes, and assessments, extraordinary, that shall be taxed or assessed on said land including the taxes thereon for the year 1913.

It is further mutually agreed, by the parties hereon, that the party of the first part, on receiving payment in full of the said principal and interest at the times and in the manner above mentioned, and of all other sums chargeable in his favor hereon, shall and will at his own proper cost and expense, execute and deliver to the said parties of the second part a good and sufficient warranty deed of said above described lands, free and clear of and from all liens and encumbrances, except such as may have accrued on said lands subsequent to the date hereof, by or through the acts or negligence of said parties of the second part

It is further mutually agreed, by said parties that the said Louis LaBranche, party of the first part, shall, and hereby does have a lien upon all timber which shall at any time be cut, manufactured or removed from said land or premises and that the said lien shall follow and continue upon said timber at all times and places to which the same may be removed and shall form and be a part of his securities under this contract and the deed of said land which is held by and in the name of said Louis LaBranche.

It is further mutually agreed, by said parties that if all of the timber, or the greater part thereof shall be cut and removed from said land and premises before the amount secured hereby is fully paid that the said Louis LaBranche shall be fully paid out of and from the proceeds of the sale of said timber and that after the said party of the first part shall receive payment in full under this contract his liens upon said land and upon said timber shall cease and be null and void and that he shall execute and deliver to the said Boissonneault Brothers a warranty deed, as aforesaid.

This contract and deed held by the said Louis LaBranche, is held by him as collateral security to two promissory notes of thirty-seven hundred and fifty dollars ($3750.00) each executed by the said Boissonneault Brothers and bearing even date hereof.