3. And that the said James McKay may come to an account with these plaintiffs touching the amount due and owing by these plaintiffs to him as its owner in fee of the said land, on the said agreement these plaintiffs being ready and willing and hereby offer to pay him the full amount that shall be found due to him on such accounting; and these planitiffs ask leave to pay a deposit on the same with the Register of this court for the said James McKay, to be paid to him according to the order and directions of this court.

4. And that upon such payment to the said James McKay or the Register of this court, for the said James McKay, he, the said James McKay, be decreed to convey to these plaintiffs a good and sufficient deed of conveyance duly executed and acknowledged, all and singular the said land in fee simple together with an abstract of title thereto as provided in said land contract with the said Roes. And that upon such payment to the said James McKay, or to the Register of this court as aforesaid, these plaintiffs be decreed to be the owners of the said lands and premises and of each and every part or parcel thereof in fee simple; and that the said James McKay be decreed to be divested of all right, title and interest therein; and that these plaintiffs have leave to cause such decree to be recorded in the office of the Register of Deeds of the said County of Ogemaw, as a conveyance of all the said lands and premises from the said James McKay to these plaintiffs; and that these plaintiffs may have such further relief and such other relief in the premises as shall be agreeable to equity and good conscience. And these plaintiffs shall forever pray.

Archie Lozon, Alice Lozon. Charles W. Hitchcok,

Attorney for Plaintiffs. (Proper verification.) Exhibit A.

West Branch, Michigan,

May twenty-first, 1916. Mr. Archie Lozon, Mrs. Alice Lozon, Kawkawlin, Mich.

Dear Sir:-I address you in relation to a certain land contract executed by Ephriam Roe and wife, Jesse Roe, to Archie Lozon and Alice Lozon, dated April 4th, 1914, for the purchase of the north half of the northeast quarter of section 11, town 21 north, range 3 east. Under the terms of this land contract there is due and unpaid thereon the sum of two hun dred dollars on the principal thereof, together with interest on the sum of eight hundred dollars from September 4th, 1914, at six per cent per annum.

Ephriam Roe and wife and Jesse Roe and wife have conveyed to me their interest in said lands as well as their interest in said land contract and at the present time I am the owner of the rights heretofore possessed by the said Ephriam Roe and Jesse Roe.

Pursuant to the terms of said land contract, I hereby notify you in writing of your default in the payment of said moneys due on said land contract, and I insist upon the payment of such moneys forthwith.

I further notify you that unless such moneys are paid forthwith, I shall serve upon all the parties having any interest in said lands a notice declaring a forfeiture of all rights possessed by the grantees named in said contract and their assigns.

I therefore urge upon you to give this matter your immediate attention if you desire to protect your rights in said lands.

Respectfully submitted, James McKay, by William T. Yeo,

His Agent and Attorney. Exhibit B.

To Archie Lozon, Alice Lozon, William Wickert and Cordelia Wickert:

Take notice, that whereas, on the fourth day of April in the year 1914, there was executed a certain land contract between Ephriam Roe and Cora M. Roe, his wife, and Jesse O. Roe and Barnee Roe, as parties of the first part, and the said Archie Lozon and Alice Lozon, of the City of Bay City, Michigan, as parties of the second part, wherein the said Ephriam Roe and Cora M. Roe, his wife, and Jesse O. Roe, Barnie Roe and

Ernest Roe, in consideration of the sum of eighteen hundred and fifty dollars to be paid to them, and of the covenants to be performed by the said parties of the second part therein named, agreed to sell to the said parties of the second part the following described lands situated in the Township of Mills, County of Ogemaw, State of Michigan, to-wit: the north half of the northeast quarter of section eleven, town twenty-one north, of range three east, containing eighty acres, according to the returns of the surveyor general, and in consideration thereof, the said party of the second part therein, then and there agreed to purchase from the said parties of the first part the said described land and to pay for the same to the said parties of the first part the said sum of eighteen hundred fifty dollars in the manner following, that is to say: Ten hundred fifty dollars at the date of said contract and the balance of eight hundred dollars as follows: two hundred dollars on April 4th, 1916, and one hundred dollars on April 4th, 1917, and one hundred dollars on April 4th, 1918, and the balance of four hundred dollars on April 4th, 1919, with the privilege of paying all or any part at any time from date of said land contract, with interest to be computed from the date of said land contract on all sums at any time unpaid thereon at the rate of six per cent per annum, payable semi-annually; and

Whereas, It was further expressly provided in said land contract that said party of the second part shall pay in due season all taxes and assessments extraordinary as well as ordinary that shall be taxed or assessed on said land, including the taxes thereon for the year 1914; and

Whereas, It is further mutually covenanted and agreed by and between the parties named in said land contract that the said parties of the second part shall have possession of said lands under this contract from and after the delivery of said land contract; and

Whereas, It was further covenanted and agreed by and between the parties named in said land contract that if the said parties of the second part shall fail to perform said contract or any part of the same and shall remain in arrears for thirty days after notice to said second parties given by a letter addressed to said second parties at the address herein that thereupon the said first parties shall have the right to declare said contract void and to retain all moneys which may have been paid thereon and the improvements which may have been placed on said lands, as stipulated damages for the non-performance of said contract and as a reasonable rental for said land, and may consider and treat said parties of the second part as their tenants holding over without permission, and may take immediate possession of said lands and remove said parties of the second part therefrom; and