The new dominion. [volume] (Morgantown, W. Va.) 1876-1904, 1880-04-24

James A. Hawthorn and John Porter,
who sue for themselves and for and on
behalf of all other lien creditors OF
Eliza IL. Morgan, not named in the
summons i'll this cause as defendan IS,
plaintiffs.
against
Eliza l.. Morgan, Thornton Pickenpaugh,
John G. Wagner, John Bunner, Fran
els M. Meredith and Sylvanus II.
Springer Clark Everley Joseph S.
Lazzell, Alice Gray, William w Der
ring, Rawley Waters, Francis Domain
and Joseph Keener, defendants.
In Chancery: In the Circuit Court
of Monongalia County.
Notice is hereby given to all parties
to the above suit, both plaintiffs and de-
fendanls, and all other lien creditors of
Eliza l. Morgan not named in the sum
mons in this cause as defendants, that |
have appointed
MONDAY, the 10th day of MAY,1S}O,
at my law office in Morgantown, West
Virginia, for the execution of the order
of reference made in this cause, at the
March term, 1880, of the Circuit Court
of Monongalia county, w. Va. BY said
order | am directed to convene any and
all lien creditors of the defendant, Eliza
l.. Morgan, and ascertain and report any
and all liens, debts or claims against
said Morgan, with the priority of such
lien, as well as any payment or pay
ments made on said claims, or any of
them, when and by whom and how
made; in doing so that said Commits
sioner ascertain and report each and all
of the liens as against the real and per
sonal estate respectively of said Morgan
conveyed in, or by either or both of the
trust deeds in the bill mentioned, and
especially how much of said personal
property was levied on by the writ of
fJa Of the plaintiff Porter alleged in
the bill F; and when and where said writ
was placed in the hands of the officer to
be LEVIED and on what it constituted
lien, whether levied on or not. And that
he particularly ascertain the real or true
amount of the several items of alleged
Indebtedness purporting TO be secured by
said deed of trust respectively. How
they each accrued, and when, and the
rate of interest they, or each of them
bear on their faces respectively, and
where a greater rate of interest than six
per cent appears, that he ascertain Wheth.
er such unlawful interest was included
in the body or face of said debt or claim;
and what amount of such unlawful i'll
terest has been actually paid on any of
such claims, by whom, when and how,
and the balance due after purgiug said
claim or claims of usury. That in as,
certaining the liens and priorities against
the lands in the bill and deeds of trust
mentioned, that said Commissioner as
certain and report particularly how
much, if any, of the purchase money
from defendant Rawley Waters to -
Baker remains unpaid, and by whom
held and owned, andon what tract or par
eel of said land it constitutes lien, with
its priority, and how much, if any, of
the purchase money from said Waters to
Clark overly, and from said Everly to
Morgan, or from either of the Morgans
remains unpaid. and to whom and how
and their several orders of priority of
lien And that said Commissioner es-
pecially ascertain and report what use
or application said Eliza l. Morgan has
made, if any, of the rents and profits of
said lands since the date of the deed of
trust thereon aforesaid-and in this con-
uection, let him also report what use or
disposition said Morgan made of the
proceeds Of the cattle and other stock,
and the pdsturage thereof, since said last
named date, together with anything else
specially required by the parties, or any
of them, or deemed pertinent by himself.
Given nnder my hand at Morgantown,
W. Va, April list, 1880.
JOHN J. BROWN,
apr10 At mmiasioner