South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-03-19

/ ADDRESS,
JOHN CHURCH 4 CO.,
Cincinnati, Oh!o.
March IL, 1875. -3t.-
INVEST VIRGINIA. TO VIII Al rule be,d
w in the Clerks Once Of The Circuit Court
o. Hampshire conniy, en- the fret Monday in
February, 1878.
Thomas Msslin. trustee, John j. Jacob.
trustee, ,James KuIkendall. Jr.. trns.
tee, John C. Heiskeli, trustee. and ian
|. his own right. Daniel Haines. William
| S: Hook aud others, Plaintiffs.
rs. 4,.ati '
Robert B., Sherrard, ]. 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 G. McNeill and Sarah T..
his wife, VIM. +. Brown, VIM. Mcln-
tyre, Aaron Howard. John w. Stew
art, Sarah a. Templer. james NJ. VIII.
son, Henry Nj. Wilson, DIR. - Som
mervillc, John N Bell, John n. Bell,
Jr., VIM. III. .Strcit, John Sharkey and
partners under the name Of John
Sharkey & Co.. +. Voss, Jacob Head
and -, partners under the name of
Jacob Head & Co., - Hodges and
- Hodges, partners under the name
of Hodges & Bro, S. c. Vanmeter, ID.
c. Cunningham, Strother NJ. Williams,
Administrator of George McNeill,
decd, WIN. Sumner and -, part
ners under the name Of VIM Sumner
& Co., Is. +. Royce, John Il. Shefrard,
John L. Hickman. Henry NJ DUNCAN,
and others, Defendants,
Is CuANCERY
The bill in this cause sets up among
other things, that said Robert Is. Sher-
rard, by several deeds Of trust conveyed
certain property in said deeds described
for purposes in them recited, i'm the first
of which John b. Sherrard was trustee
for whom John c. Heiskell was after
ward substituted, in the second John c.
lieiskell is trustee, in the third John c.
Heiskell is trustee, and the Interest of
said Sherrard conveyed in it was after
ward assigned to said Sherrard i'll kind,
in the fourth John c. IIeiskell. George
Millesop John J. Jacob, Thomas Mas
lin and james kuykendall were named
as trustees, but George Milleson failed
to act astrustee 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
decree OF the Circuit Court of Mineral
County, James ID. Armstrong and s. III.
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 n full settlement Of said trust un-
der the direction of the Court. and they
ask that said Mineral Lands" or nj any
rate the interest Of said Robert Il. 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 bill further sets up that said
trustees Maslin and Kuykcndall, 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 Heis-
kell 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 NAV
be required TO deliver the same either
to said Trustees or Receiver 90 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
hnw Iii a. II
tons the prayer Of the bill il further. TO
have said deed of trust settled ND that
the creditors of said Robert u. Shcrrard
may receive their portion OF the pro-
ceeds OF his property, that the debts Of
said Robert Il. 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 % said creditors according 20 their
respective rights, and that all property
embraced in said deed not sold may be
sold and ali monies due said Sherrard
uncollected, may be collected and the
whole proceeds Of the said trust paid o.
yer to the creditors said Sherrard, and
for other and further relief &c.
And it appearing by affidavit that the
defendants. James Carr Baker. Admin.
istrator Of Robert Sberrard. decd. A.
W. Mcdonald and Bette his wife. Rob.
ert V. Sherrard, Jesse G. Mcneil and
Sarah J.. his wife, VIM. T.. Brown. VIM.
Mcintyre, Aaron Howard. John w. Stew.
art, Sarah A. Templer, James VI. Wilson.
/ Henry NJ. Wilson. DR.. Sornneryille.
John y. Bell, John y Bell. Jr.. VIM. III
STREET., John Sharkey & Co. j. +. Voss.
Jacob Head & Co., Hodges & Bro. (.
). G. Nanmeter. ID. G.. Cunningham. :.
Nj. Williams, Administrator. WIN. sum.
ner & Co, u. J.. Royce, John y. Sher.
rard. John T. 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,