South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-03-26

-nuANu a q, lcsO.-Ok.
INVEST VIRGINIA. TO Wit "a, rules held
w In tho Cletk's Oasce Of tho Cltcui, Court
Of Hampshire county, On the hsst Monday In
February, 1878.
Thomas Maslin, trustee, John J. Jacob.
trustee. James Kuykeudall, Jr., trus-
tee. John G. lIeiskeil. trustee. and ia
his own right, Daniel Ilaines. William
5. Hook aud others. Plaintiffs.
as.
Robert Il. Shcrsarj, j. C. Baker. Admin
istrator with the will annexed OF Rob.
ert Sherrsrd. decd. A. w. Mcdonald
and Bette his wife. Robert v. Sher-
rard, Jesse c. MeNcill and Sarah +.
his wife, Vim. L.. Brown, VIM. Mcin.
tyre, Aaron Howard, John w. Stew
art. Sarah \. Templer, James NJ. Viii
son, Henry III. Wilson, DIR. - Som
mervilie, John y. Bell, John II. Bell.
Jr., " IA. II. Streii. j Ohm Sharkey and
go, partners under the name of John
SharlSey 6. Co, b. +. Voss, Jacob Hesld
and -, partners under the name OF
jacob Head & Co.. - Hodges and
- Hodges, partners under the name
Of Hodges 6 Bro, s. G.. Vanmeter. ID.
C.Cunningham, Strothcr NJ. Williams,
administrator OF George Mcneil
decd, VIM. Sumner aud -, part
ners under the name OF VIM. Sumner
& Co, Il. Z. Royce. John b. Sherrard
John /. Hickman, Henry NJ. DUNCAN,
and others, Defendants,
Is CnANcERY.
The bill in This cause sets up among
other things. that said Robert Il. Sher-
rard, by several deeds of trust conveyed
certain property in said deeds described
for purposes in them recited, in the first
Of which john B. Sherrard was trustee
for whom John &. Ileisllell was after.
ward substituted, in the second John G..
HeislIell is trustee, in the third John G..
Heiskell is trustee, and the "interess" of
said Sberrard conveyed in il was after.
ward assigned to said Sherrard in kind.
In the fourth John &. Heiskcii, George
Millcson John j. Jacob. Thomas Mas.
lin and James kuykendall were named
as trustees, but George Milleson failed
to act IS trustee therein; that said last
named deed Of trust is general and COW
ers large amount of property inclul-
ing that covered by the others, that by
a decree of the Circuit Court Of Mineral
County, James ID. Armstrong and s. II.
Alexander, were appointed Commission
ers to sell tho Mineral Lands embraced
in some OF said deeds of trhst, that they
have not been sold, that Plaintiffs desire
to have full settlement OF said trust nm
der tue direction OF the Court, and they
ask that said Mineral Lands or at any
rate tie interest Of said Robert B. Sher.
rard conveyed by said deed may be sold
and particularly that the portion Of the
purchase money arising from any such
sale coming 20 said Sherrards creditors.
may be reported aud disposed OF in this
suit; the bill further sets up Chat said
trustees Maslin and Kuykeudall. Heis.
kell and Jacob under said general deed
OF trnst have sold large amount of
property and have paid to preferred
creditors considerable sums, that IIeis-
keil trustee has paid out the proceeds
arising from the property under the first
deed OF trust and has peid Off tie second
deed OF trust but that some Of the pro.
perty. particularly most Of the chooses in
action conveyed 10 said trustees by said
last named deed OF trust have not been
delivered TO nor collected by them and
Plaintiffs pray that said Sherrard may
be required to deliver the same either
to sid Trustees or n Receiver 80 that
they raay be collected or disposed orror
the benefit of the creditors and that said
oherrard may be required particularly
to answer In regard 10 them md show
what they are; and with o.Ler alicia
ticns the prayer OF the bill is further. 10
have said deed OF trust settled No that
the creditors Of said Robert T.. Sherrard
may receive their portion Of the p-o.
ceeds Of his property, that the debts Of
said Robert y. Sherrard secured bysaid
general deed Of trust may be ascertain.
ed, settlement Of the accounts or said
trustees lie had. the money in their
hands and proceeds under sail trust do.
creed 70 said creditors according 20 their
respective rights. and that ali property
embraced in said deed not sold NAV be
sold and oil monies due said Sbarrard