South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1875-04-02

vXyESr VIRGINIA. TO wur s-At rule, A.,, |
Nv IN The Clerks Once OF the Circuit Con-.
e sauPshire equity, On the arst Monday n
Feesuary, ISIS.
trustee. James Knykendall, Jr., tru,.
tee, John c. Heiskell. trustee. and IN
his own right. Daniel Haines. William
s. Hook and others, Plaintiffs.
rs
Robert u. 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. McNeill and Sarah y
his wife, VIM. L. Brown. VIM. McIn.
tyre, Aaron Howard. John w. Stew.
art, Sarah A. Templer, James NJ. Wi.
son, Henry III. Wilson, DIR. som.
merville, John n. Bell. John n. Bell
Jr., VIM. III. STREET., John Sharkev and
-, partners under the name of John
Sharkey & Co, Il. +. voss Jacob Hcald
and -, partners under the name OF
Jacob Head & Co.. - Hodges and
Hodges, partners under the name
OF Hodges 4 Bro, S. G.. vanmetcr. ID.
cunningham, Strother NJ. Williams.
administrators OF George McNeill.
decd, VIM. Sumner and -, part.
ners under the name or Vim. Sumner
d Co.. B. r. Royce, John Il. Shcrrard.
John I. Hickman. Henry NJ. DUNCAN.
aud others, Defendants.
IN C1iANcERy.
The bill IN this cause sets MP among
other things, that said Robert b. Sher.
rGrd, by several deeds Of trust convened
certain property in said deeds described
Tor purposes in them recited, In the irst
OF which John B. Sherrard was trustee
for whom John G. Heiskefl was aftor.
ward substituted, in the second John G..
Heiskell is trustee, in the third John G..
lIeiskcll is trustee, and the Interest" OF
said Sherrard conveyed in it was after
ward assigned TO said Sherrard i'm kind
in the fourth John G. Heiskell, George
Milleson John J. Jacob, Thomas Mas
LIN and James Kuykendall were named
rs trustees, but George Milleson failed
TO act as trustee therein that said last
named deed of trust is general and GOV.
ers large amount of property includ-
ing that covered by the others, that by
n decree of tho Circuit Court OF Mineral
County, James ID. Armstrong and S. II.
Alexander, were appointed Commission
ers to sell the Mineral Lands embraced
in some of said deeds of trust. that thew
have not been sold. that Plaintiffs desire
to have full settlement of said trust un-
der the direction Of the Court. and thew
ask that said Mineral Lands" or nj 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 inthis
suit; the bill further sets up that said
trustees Maslin and Kuyl1endall. IIeis.
kefl and Jacob under said general deed
of trust have sold large amount OF
property and have paid to preferred
creditors considerable SIMS, that IIeis-
keli trustee has paid ont the proceeds
arising from the property under the first
deed Of trust and has paid Off Tire 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 anc,
Plaintiffs pray that said Sfrerrard may
be required to deliver the same either
to said Trustees or Receiver so that
they may be collected or disposed OF Cor
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 allega.
tons the prayer Of the bill is further, to
have said deed of trust settled up that
the creditors of said Robert II. Sherrard
may receive their portion of the pro.
ceeffs of his property, that the debts OF
said Robert =. Sherrard secured by said
general deed OF trust may be ascertain
ed, settlement ofthe accounts OF said
trustees be had, the money in their,
hands and proceeds under said trust de-
creed to said creditors according 10 their
respective rights, and that all property
embraced i'm said decd not sold may be
sold and all monies due said Sherrard
uncoilected, may be collected and tho
whole proceeds of the said trust paid o.
yer to W.; creditors ofsaid Sherrard, and
for other and further relief, &c.
And it appearing by affidavit that the
defendants, James Carr Baker. Admin.
lstrator OF Robert Sherrard, decd, A.
W. Mcdonald and Bette his wife, Rob
ert '. Sherrard, Jesse G.. McNeil and
Sarah r. his wife, Vim. f.. Brown. WIN.
Mcintyre, Aaron Howard, John w. Stew
art, Sarah a. Templer, James NJ. Wilson.
Henry NJ. Wilson, DIR. SommeryiIle,
John y. Bell, John n. Bell, Jr., VIM. H.
STREET. John Sharkcy q Co., b. +. Yoss,
Jacob Head & Co, Hodges & Bro, s.
,. {. Vaameter, ID. G. Cunningham. S.
VI. Williams, Administrator, VIM. Sum.
ner q Co, j. +. Royce, John b. Sher.
rard, John L. Hickman and Henry M.
DUNCAN. do not reside in this State Il
IS ordered. that said nonresident defen-
dants do appear here within one month
after first publication Of this order and
do what is necessary 10 protect their in,
terests IN this suit. Teste,
G. s. WHITE. c. c. enc.
March II, 1s75-5t.