South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-03-12

/ February, 1875.
Thomas Maslin. trustee, John j.. Jacob.
trustee. James Kuykendall. Jr., trus-
tee, John c. Heislell, trustee, and in
his own right. Daniel Haines, William
:. Hook and others, Plaintiffs,
as
Robert b. Shcrrard, 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 G.. Mcneil and Sarah +.
| his wife, VIM. T.. Brown, VIM. McIn.
tyre, Aaron Howard, John w. Stew
art, Sarah a. Templer, James NJ. viii
son, Henry Nj. Wilson, DR.. - SON.
mervillc, John n. Bell, John n. Bell.
Jr., VIM. III. STREET, John Sharkey and
-, partners under the name of John
SharlIey & Co.. . +. Voss. Jacob Head
and -, partners under the name of
Jacob Head & Co.. - Hodges and
- Hodges. partners under the name
of Hodges &c Bro, $. c. Vanmeter. ID.
cunningham, Strother NJ. Williams.
Administrators Of George Mcneil,
decd, VIM. Sumner and -. part
ners under the name of VIM Sumner
& Co., b. +. Royce, John b. Sherrarl.
John I. Hickman, Henry NJ. DUNCAN.
and others, Defendants,
IL CuANCERY.
The bill in this cause sets mp among
other things, that said Robert b. Shcr-
rard, by several deeds of trust conveyed
certain property in said deeds described
for purposes in them recited, in the first
of which john -. Sherfard was trustee
for whom John &. Heiskcll was after
ward substituted, in the second John C..
ileiskel! Is trustee, IN the third John G.
ileiskell is trustee. and the 'il'ereSr' of
said Sherrard conveyed In il was after
ward assigned to said Sherrarl in kind.
i'll the fourth John G. IIeiskell. George
Milleson John j. Jacob. Thomas Mas
In and James Kuyhendall were named
as trustees, but George Millesoa failed
to act IS trustee therein; that said last
named deed OF trust IS general and Gov
ers large amount Of property includ-
ing that covered by the otherg, that bv
decree of the Circuit Court Of Mineral
County, James u. Armstrong and s. II.
Alexander, were appointed Commission
ers to sell the Mineral Lands embraced
in some OF said deeds Ct t;1ist, that they
have not beer 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 at any
rate the interest OF said Robert y. Sher-
Irard conveyed by said deed may be sold
and particularly that the portion Of the
purchase money arising from any sucb
sale coming 20 said SherrartPs creditors.
may be reported and disposed OF in this
suit the bill further sets up that said
trustees Maslin and kuykendall, Hcig.
kell and Jacob under said general deed
OF trust have sold q large amount of
property and have paid TO preferred
creditors considerable sums, that Neis-
kell trustee has paid out the proceeds
arising from the property under the irst
deed OF trust and has paid off the second
deed Of trust but that some Of the pro-
perty, particularly most of the chores 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 Shcrrard may
be required to deliver the same either
to said Trustees or n Receiver so that
they may be collected or disposed offor
the benefit Of the creditors and that said
SherrGrd may be required particularly
to answer in regard TO them and show
what they are ; aud with other ALICIA
tons the prayer OF the bill is further. to
have said deed Of trust settled up that
the creditors of said Robert j.. Sherrard
may receive their portion OF the pro.
cceds Of his l4operty. that tho debts Of
said Robert Il. Sherrard secured by said
general deed Of trust may be ascertain
ed, settlement Of tho accounts Of said
trustees be had, the money IN their
hands and proceeds under said trust dc.
creed 20 said creditors according 60 their
respective rights and that all property
embraced i1 said deed not sold NAV he
sold and all monies due said Shcrrard
ugcoilaosed, may he collected and tho
whole proceeds or the said trust paid o.
yer 90 the creditors ofsaid Sherrard. and
FOR other end ffrther relief e..
And appearing b. affidavit that the
defendants. James Carr Baker. Admin.
isi-at0r Of Robert Shcyrard. decd. 4.
W Mcdonald and Bette his wife. Rob.
cTt v. SEcrard. Jesse G.. Mcneil and
Sarah J.. bis wife, VIM l.. Brown. WIN.
Mcintyre. Aaron Howard John ". Stew.
art Sarah =. Tcmpler james n. Wilson.
Henry ". Wilson. Or. Sommeryillc.
john y. Bell. John \. Bell. Jr, VIM. IT.
STREET John SharlSey x Co, y. i. Yoss.
Jacob Head 6 Co., Hodges G Bro, S.
$, 9. F&Rmejer, ID. G. Cunningham, s.
VI. Williams Administrator. WIN. sum.
ner 6 Go, y. II Royce. John =. Sher.
rard, John j. Hickman and Henry VI.
DUNCAN do not raside i'm thia Gfa4c d. IL
is ordered, that said nonresident defen.
dants do appear hero within one month
after first publication Of this order and
dc what Is necessary 90 protect their In
te1ests IN this suit Teste,
s. WHITE, C. c. c. II. c.
Msrcl12. la15.--5f.