11. Answering paragraph eleven of the bill of complaint, defendant admits that he has now gone into possession of said lands and is removing the timber therefrom, but insists that he is in the exercise of his legal and equitable rights in so doing.

12. Answering paragraph twelve of the bill of complaint, defendant says that the allegations therein are mere speculative opinion, and neither admits nor denies such allegations, but insists that they are not material to the question herein involved.

Wherefore the defendant prays that the relief hereinbefore prayed by defendant in his cross-bill herewith filed be granted.

N. C. Spencer,

Attorneys for defendant.

Cross-Bill.-Defendant respectfully shows unto the court: 1. That when he purchased the interest of Celestine and Elginas Bois-sonneault in and to the lands described in the bill of complaint by means of the quit-claim deed therein described, the legal title to said lands was in John Gasman, as alleged in the foregoing answer; that such legal title is still in the said John Gasman, and the plaintiff is not now in position to make a good conveyance to this defendant under the terms of his contract with the said Boissonneaults until he has perfected his title by performing his said contract for the purchase of the said lands with the said John Gasman; that this defendant does not know the amount, if any, which the said plaintiff has paid upon his said contract with the said John Gasman; that this defendant is ready and willing and now offers to pay any amount that may be shown to be due the said plaintiff under his said contract with the said Boissonneaults, but up to this time he has been unable to get a statement from the plaintiff as to how much there is now due him thereunder, nor how much the plaintiff is indebted to the said John Gasman under his contract with him; that in order that all the equities between the parties may be adjusted and each receive what is his just due under the several contracts, it is necessary that the said John Gasman be made a party to this cause.

2. Defendant further shows that he is informed and believes that the said Celestine and Elginas Boissonneault are entitled to certain credits which should be applied upon their said contract with the plaintiff, but that this defendant does not know the exact amount of such credits; that such credits are contained in the books of the plaintiff and that such books are the only record of such credits; that the plaintiff has never accounted to the said Celestine and Elginas Boissonneault for such credits and that this plaintiff is informed and believes that the said Celestine and Elginas Boissonneault are ignorant of the amount of credits to which they are entitled, and that the only way in which this defendant may be informed of the amount of such credits is by means of a discovery to be made by the plaintiff upon the matter of such credits.

By reason of the matters and things herein set forth the defendant prays:

(a) That the plaintiff be required to answer this cross-bill.

(b) That the said John Gasman be made a party to this suit and that a subpoena may be issued out of and under the seal of this court requiring the said John Gasman to enter his appearance herein.

(c) That the plaintiff may be required by the decree of this court to make conveyance of the said lands to this defendant in accordance with the terms of his said contract with the said Celestine and Elginas Boissonneault, and that in default thereof this defendant may be subrogated to the rights of the said plaintiff under his contract with the said John Gasman, and upon payment of all amounts due the said John Gasman under his said contract with the plaintiff and to the plaintiff under his contract with the Boissonneaults, he may be entitled to receive a deed to the said lands from the said John Gasman, freed from any and all claim of the plaintiff therein.

(d) That the plaintiff may be required to produce all books of account in his possession or under his control containing accounts between himself and Celestine and Elginas Boissonneault during the continuance of his said contract with them, for the inspection and examination of this defendant.

(e) That this defendant may have such other and further relief in the premises as to equity and good conscience as shall seem meet.

N. C. Spencer,

Attorney for defendant. Business address: Escanaba, Mich. Dated December 29, 1918.

(f) Answer to Cross-Bill.-(Caption.) The above named plaintiff, answering the cross-bill filed herein, respectfully shows unto the court:

1. The plaintiff admits the legal title to the lands was at the time of the purchase of the same, by Menazip Perron, from Celestine and Elginas Boissonneault, and is now in John Gasman, that the said Menazip knew at the time he purchased the interest of the said Celestine and

Elginas Boissonneault that the plaintiff herein had an undivided one-half interest in and to the property described in the bill of complaint herein.

Further answering paragraph one of the cross-bill, the plaintiff informs the court that he has paid on the principal of the contract with John Gasman the sum of three thousand seven hundred and fifty dollars and interest at seven per cent. per annum on seven thousand five hundred dollars from November 26, 1913, to November 26, 1918, approximating the sum of two thousand six hundred and twenty-five dollars, that he has further paid as his share of the taxes the sum of four hundred and eighty-eight dollars, that the above sums, together with a balance of three thousand seven hundred and fifty dollars, and accrued interest totaling an approximate sum of nine thousand five hundred dollars paid, and to be paid by the plaintiff upon the said land contract.

2. Answering paragraph two, plaintiff respectfully shows:

That there are no sums due to the said Celestine and Elginas Boissonneault from this plaintiff, excepting such sum as may be received from the bankrupt estate of the John Gillespie Lumber Company of Chicago, from which this plaintiff believes the said Boissonneaults may realize the sum of four hundred dollars.