Whereas, The said parties of the first part in said land contract named, conveyed all their right, title and interest in and to said described lands on the twenty-eighth day of July, A. D. 1914, and thereby also assigned all their right, title and interest in and to said land contract; and

Whereas, The said Archie Lozon and Alice Lozon, his wife, have abandoned the possession and use of the said described lands, having removed therefrom to near the Village of Kawkawlin in said state. That William Wickert and Cordelia Wickert, his wife, are now occupying the said lands under a certain lease from the said Archie Lozon and Alice Lozon; and

Whereas, The said James McKay on the twenty-fifth day of May, A. D. 1916, addressed a certain letter in writing to each of the said Archie Lozon, Alice Lozon, William Wickert and Cordelia Wickert, wherein the said James McKay notified each of said parties that default had been made in the payment of the money due on said land contract and insisting upon the payment of such moneys forthwith, also advising them that if payment was not made that he, the said James McKay, would declare a forfeiture of such rights as may be possessed by them under said land contract. That said letters in writing were received by each of said above named parties by registered letter and receipt therefor signed by each of said parties is now in possession of the said James McKay; and

Whereas, The said Archie Lozon, Alice Lozon and William Wickert have failed and neglected to pay the installments becoming due on said land contract as aforesaid on April fourth, 1916, and the interest on the several sums of money remaining unpaid, and the taxes levied upon said lands as expressly provided in said land contract.

Wherefore, By reason of default having been made in the terms. covenants and conditions set forth in said land contract as aforesaid, therein agreed to be performed by the said Archie Lozon and Alice Lozon as vendees therein, as in said contract expressly provided, I, the said James McKay, do hereby declare a forfeiture of all rights that may have been heretofore possessed by the said Archie Lozon, Alice Lozon and William Wickert. and that said land contract is null and void because of such default, and that the said Archie Lozon, Alice Lozon and William Wickert, and each of them, be and are hereby declared to be without right or claim in and to said described lands or the hereditaments and privileges thereunto belonging or in anywise appertaining thereto, and that the said Archie Lozon, Alice Lozon and William Wickert are also herewith required to execute a release of all rights and claims heretofore possessed by them or either of them in said lands and premises to me, and I hereby offer to pay the expense of executing releases of said lands and in default of the execution of such releases, I will take such proceedings as I deem advisable in order to remove the cloud to my title occasioned by the execution of said land contract as aforesaid; and also by reason of the forfeiture of all rights and claims that may have been possessed by you or either of you as vendees under said land contract or lessee under such vendees, and I hereby require you to immediately quit, surrender and deliver up possession to me of the lands and premises heretofore described.

Dated at the Township of Richland, County of Ogemaw, State of Michigan, this twenty-eighth day of July, A. D. 1916.

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Assignee of said vendors named in said land contract.

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Attorney for said assignee of said vendors. Business address, West Branch, Mich.

Verification of Sheriff of County of Bay.

Verification of Sheriff of County of Ogemaw.

(c) Defendant's Answer.-(Caption.) The Answer of James McKay, defendant, to the Bill of Complaint of Archie Lozon and Alice Lozon, plaintiffs.

This defendant, saving and reserving to himself all benefit and right of exception to the said Bill of Complaint, for Answer thereto, says:

1. Defendant has no personal knowledge of the execution of the contract as set forth in said paragraph, but admits that he is in possession of a duplicate copy of the contract as particularly set forth in paragraph I of said Bill of Complaint.

2. Defendant, in answer to paragraph II of said Bill paid upon said land contract and the only information he has in respect to same is the allegation contained in said land contract.

Defendant denies that plaintiffs erected upon said land a house costing twelve hundred dollars, or that they cleared of the land about sixty acres or that the total improvements upon said land amount to two thousand dollars. This defendant represents the facts to be that there was erected upon said land a skeleton cement block house which was not finished on the inside and which did not cost to exceed six hundred dollars at the time it was originally built and that the said house has not been kept in repair, until at the present time, it is not worth nearly as much as it originally cost. That plantiffs did not do any new clearing upon said lands, as the only clearing now upon said lands was done prior to the time of the purchase by plaintiffs. That the only improvement upon said lands was the erection of said house, but that by reason of said premises not being kept in a good state of repair, that the said premises are not worth as much as when plaintiffs purchased same.

3. In Answer to paragraph III of said Bill of Complaint, this defendant has no knowledge of any such agreement as is therein set forth, so leaves plaintiffs to their proofs.

4. Defendant in answer to paragraph IV of said Bill of Complaint denies that plaintiffs are residing temporarily in Bay County, but insists that they have removed from Ogemaw permanently. Defendant denies each and every allegation contained in said paragraph except as hereinafter stated, as follows: That at a considerable time prior to the time that plaintiffs removed to Bay County, some question arose as to the title to a portion of said lands, and that in order to clear such title, the said plaintiffs and this defendant joined in the signing of a notice of re-conveyance which was subsequently published in the Herald-Times, a newspaper circulating in said County of Ogemaw, and that by reason of the nature of the proceeding the said plaintiffs were advised at that time that said defendant was the owner of said lands subject to the land contract possessed by said plaintiffs. That prior to the time that plaintiffs moved to Bay County, this defendant was insisting upon payment of the amount then due upon the said contract, and said plaintiffs stated to this defendant that they expected to get the money from Jacob C. Weinberg, of Prescott, Michigan, with which to pay this defendant, and shortly thereafter plaintiffs moved from said County of Ogemaw; thereafter this defendant wrote to plaintiffs and advised them that Jacob C. Weinberg would not make them the loan on said lands. Plaintiffs later wrote to this defendant stating in effect that they expected to obtain a loan from a banker in Kawkawlin, whereupon this defendant called up the banker referred to by them, by telephone, in respect to such loan, said banker then and there stating to said defendant that he did not care to make such loan. Then later, on or about the 25th day of May, 1916, said defendant caused to be sent to each of said plaintiffs a letter, therein stating in words and figures as set forth in the annexed Exhibit A. That this defendant did not receive any reply to said letter nor did either of said plaintiffs communicate with this defendant in any manner.