South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-04-09

Of Hanpshire coansy, on the arst Monday In
February, 1878.
Thomas Maslin. trustee, John J. Jacob,
trustee. James Kuykendall. Jr.. trus-
tee, John c. Heiskell. trustee. and in
his own right. Daniel Hsincs, William
S. Hook and others. Plaintiffs,
Us.
Robert B. Sherrard. J. C. Baker, Admin
istrator with the will annexed of Rob-
ert Sherrard. decd, A. w. Mcdonald
and Bette his wife. Robert v. Sher-
rard. Jesse c. Mcneil and Sarah +.
his wife. VIM. 4. Brown, VIM. McIn.
tyre, Aaron Howard. John w. Stew.
art, Sarah A. Templer, James NJ. Will
son. Henry NJ. Wilson. DR.. - Son.
merville, John n. Bell, John n. Bell,
Jr., VIM. III. STREET., John Sharkey and
-. partners under the name of John
Sharkey & Co, b. L. Voss. Jacob Head
and -. partners under the name Of
Jacob Head & Co., - Hodges and
- Hodges. partners under the name
of Hodges & Bro, s. G. Vanmeter, ID.
Cunningham, Strother NJ. Williams.
Administrator of George Mcneil,
decd, VIM. Sumner and -, part.
ners under the name OF VIM. Sumner
& Co. Il. r. Royce. John b. Sherrard.
John L. Hickman. Henry NJ. DUNCAN,
and others, Defendants,
IN CuANCERY.
The bill in this cause sets mp among
other things, that said Robert B. Sher-
rard, by several deeds of trust conveyed
certain property in said deeds described
for purposes in them recited i'm the first
IF xrlt tah Ir>tt - ,.I
for whom John G. Heiskcll was after.
ward substituted, in the second John C..
Heiskell is trustee, i'm the third John c.
Heiskell is trustee, and the ''b,terest' Of
said Sherrard conveyed in it was after.
ward assigned to said Sherrard in kind,
in the fourth John G. Heiskell, George
Milleson John j. Jacob. Thomas Mas
lin and James Kuykendall were named
as trustees, but George Milleson failed
to act rs trustee therein that said last
named deed of trust is general and COW
ers large amount of property includ-
ing that covered by the others. that by
a decree of the Circuit Court of Mineral
County, James ID. Armstrong and 5. ii.
Alexander, were appointed Commission
ers to sell the Mineral Lands embraced
in some of said deeds of trust. that they
have not been sold, that Plaintiffs desire
to have full settlement of said trust un-
der the direction of the Court, and they
ask that said Mineral Lands or Mt any
rate the interest of said Robert Is. Sher-
rard conveyed by said deed may be sold
and particularly that the portion of the
purchase money arising from any such
sale coming to said Sherrard's creditors,
may be reported and disposed of in this
suit; the bin further sets up that said
trustees Maslin and Kuykendall. Heis.
kell and Jacob under said general deed
of trust 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 paid off the second
deed Of trust but that some Of the pro-
perty, particularly most of the chooses in
action conveyed to 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 said Trustees or a Receiver SO that
they may be collected or disposed of for
the benefit of the creditors and that said
Sherrard may be required particularly
to answer in regard TO them and show
what they are {; and with other allcga-
tons the prayer of the bill ia further, to
have said deed Of trust settled UP that
the creditors of said Robert h. Sherrard
may receive their portion Of the pro-
cceds Of his property, that the debts Of
said Robert B. Sherrard secured by said
general deed of trust may be ascertain
ed, settlement of the accounts of said
trustees be had, the money i'm their
hands and proceeds under said trust de-
creed to said creditors according to their
respective rights. and that all property
embraced in said deed not sold may he
sold and all monies due said Sherrard
uncollected, may he collected and the
whole proceeds Of the said trust paid o.
yer to the creditors ofsaid Sherrard, and
for other and further relief, &c.
And it appearing by affidavit that the
defendants. James Carr Baker, Admin
istrator of Robert Sherrard, decd. A.
w. Mcdonald and Bette his wife. Rob
ert V. Sherrard, Jesse G. Mcneil and
Sarah i. his wife, VIM T.. Brown. VIM.
Mcintyre, Aaron Howard, John w Stew
art. Sarah a. Templer, James NJ. Wilson,
Henry VI. Wilson, DR.. Sommerville.
John n. Bell, John n. Bell, Jr., VIM. II.
STREET.. John Sharkey & Co, B. i. Voss.
Jacob Head & Co, Hodges & Bro. s.
;. {. Vanmeter, ID. G. Cunningham. s.
NJ. Williams, Administrator. WIN. Sum
ner & Co. Il. Il. Royce, John Il. Sher.
rard. John I. Hickman and Henry NJ.
DUNCAN, do not reside in this State II
IS ordered, that said nonresident defen.
dants do appear here within one month
after first publication Of this order and
do what is necessary to protect their in.
terests in this suit Teste.
G. 5. WHITE, c. G. INC.
March -, 1S75.-5t.
IRON CLAD