The northeast quarter and the west half of the southeast quarter, all in section twenty-six, the northwest quarter of the northeast quarter, the south half of the northeast quarter, the south half of the northwest quarter, all in section thirty-six, the northwest quarter of the southeast quarter and the southeast quarter of the southwest quarter all in section twenty-two all in township forty north, range twenty-six west, containing five hundred and twenty acres, more or less, according to the government survey thereof, excepting and reserving all mineral rights, to enter and remove same without cost to the said Louis LaBranche.

2. That the plaintiff, at such time and for many years prior thereto and ever since, has been in the business of taking out forest products, and in order to provide himself with land and timber for such operations, made and entered into a contract with said John Gasman whereby the plaintiff agreed to buy and the said John Gasman agreed to sell to the plaintiff, the aforesaid lands and timber thereon, at a consideration of fourteen thousand five hundred dollars.

3. That the plaintiff at such time did not have sufficient moneys with which to make the first payment required to be made on said contract and thereupon applied to one Celestine Boissonneault and one Elgina9 Boissonneault for them to advance the sum of money required for the said first payment, namely, the sum of seven thousand dollars.

4. That the said Celestine Boissonneault and Elginas Boissoneault thereupon advanced the sum of seven thousand dollars, and it was understood by and between the plaintiff and the said Celestine and Elginas Boissoneault, that the plaintiff would go on with logging operations on said lands and that the net proceeds from said operations would be divided between the parties, namely, after the payment of the expenses of taking out said timber, the plaintiff would be entitled to one-half of the moneys remaining and the said Celestine and Elginas Boissonneault would be entitled to the other half of said moneys; and the plaintiff would retain an undivided half interest in said lands and the said Celestine and Elginas Boissonneault would be entitled to the other undivided one-half thereof.

5. That in order that the said Celestine and Elginas Boissonneault would have proper written evidence showing such payment to have been made by them and in order that they might be properly secured for the moneys so advanced by them, the aforesaid contract given by the said John Gasman to the plaintiff was assigned and set over to the said Celestine and Elginas Boissonneault by manner of making a duplicate of said contract, except that in said duplicate, the plaintiff was named as the first party and the said Celestine and Elginas Boissonneault were named as second parties, which said duplicate was duly executed by the parties thereto, and is made a part hereof as plaintiff's Exhibit "A."

6. That for a number of years the plaintiff continued operations on said land in pursuance of aforesaid verbal agreement and in accordance therewith made division of the proceeds as agreed between the parties.

7. That said lands are valuable for farming purposes and there is still remaining thereon valuable forest products to be taken out, and that the plaintiff always has been and still is desirous of carrying out his part of the agreement.

8. That the contract referred to as having been executed by the plaintiff to Celestine and Elginas Boissonneault was recorded in the office of the register of deeds of Menominee County, Michigan, on the twenty-fourth day of December, 1917, in Liber "F" of miscellaneous records, on pages 421 and 422 thereof.

9. That recently, to-wit, on the 26th day of August, A. D. 1918, the said Celestine and Elginas Boissonneault transferred and conveyed by quit-claim deed to the defendant Menazip Perron all their right, title and interest in and to the land and premises described in said land contract, which deed was recorded in the office of the Register of Deeds of Menominee County, Michigan, in Liber 95 of deeds on page 531 thereof on the 27th day of August, A. D. 1918.

10. That the said defendant, Menazip Perron well knew that the said contract was executed by the plaintiff to Celestine and Elginas Boissonneault only as security for the sum of moneys advanced by said Celestine and Elginas Boissonneault, and that the said defendant, Menazip Perron well knew of the aforesaid agreement between the plaintiff and the said Celestine and Elginas Boissonneault relative to the logging of said lands.

11. That the said Menazip Perron has now gone into possession of said lands and has begun and threatens to cut and remove all the remaining timber thereon, claiming to be the sole owner thereof, and that the plaintiff's only interest in said land and timber is that he may be entitled to receive the balance owing on said contract according to the import thereof, and that the plaintiff fears and has good reason to believe that the said Menazip Perron will execute the said threats unless restrained by the order of this court.

12. That the timber remaining on said land is of much greater value than the amount required to now pay the balance due and owing on the aforesaid contract according to the import thereof, namely such difference in value now amounts to more than the sum of five thousand dollars, and the plaintiff is justly apprehensive of the loss thereof unless the said Menazip Perron be restrained by the order of this court from continuing to commit said waste on said land and premises.

13. That because of the character of the timber (being hardwood products) present war and condition of labor market, the cost of supplies and equipment, the present season is not an opportune time for the cutting and removing of said timber and the plaintiff is justly apprehensive that because of the speculative and uncertain outlook and the present embargo on lumber products that he will suffer an irreparable loss if the said Menazip Perron continues to cut and remove the said timber.