Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1892-04-20
COMMISSIONERS NOTICE.
To Vernon il. Ford and c. w. Ben
nick, Trustees ....................Co Compartments,

To Vernon II. Ford and c. W. Ben
vs. In Chancery.
\. r. Rosenberger and 5. Z. Shirley,
lately trading as partners and
bankers at New Market under firm
name of Rosenberger & Shirley. at
WaynesDorough under the firm
name Of the Bank of Waynesbo
rough, and at Basic City under the
firm uafne of Iron Cross Bank, and
said A. K. Rosenberger and S. P.
Shirley in their own right, HI. II.
Spindle c. +. Myers, ana q. \. My
erS, Mrs. I. w. ClinedinSt, j. n.
Brennaman, chairman of the com
mittee of the Calvert monumental
fund, j. n. Brennaman. chairman
of the bridge committee, Ambrose
L. Henkel, chairman of the Sal
yards memorial fund, Mrs. Susan
Vine, Mrs. Ella Teel, Thomas J.
Shirley, Elizabeth a Shirley, Bar
bara A. Cone, Daniel kagey, James
X. Pickering, Geo. &. MaSlin, +. III.
Austin, and the Waynesborough
Company. ACKNOWLEDGEMENTS. Defendants,
and
Joseph II. Haun, Mt jackson Ma
tiOnal Bank, :. +. Boyer, J. L.
Boyer and H. Z. Boyer, partners
trading under the firm name and
style of The Boyer Co., Mrs. NJ. A.
Clinedinst, j. W. Clinedinst, sur
viving partner of himself and 7. NJ.
Clinedinst, decd, late firm of j. w.
Clinedinst Il Bro, who sue for
themselves and all the general
creditors of RoSenDerger Shirley,
who will come in and contribute to
the costs of this suit and abide the
result .Complainants
rersUs
Vernon H. Ford and c. W. Bennick,
trustees, a. r. Rosenberger and :.
P. Shirley, lately partners trading
under the firm name and style OF
koSenberger and Shirley at New
Market, Va. under the name of the
Bank of Waynesborough at
Waynesborough, Va, and under
the name of the Iron Cross Bank
| at Basic City, Va, ana said a. II.
RCSenDerger and :. Z. Shirley in
their WIN rights respectively, CIV.
Rosenberger H. H. Spindle, G. +.
Myers and G. a. Myers, J. n. Bren-
naman, chairman of committee OF
Calvert monumental fund.- j. n.
Brennaman, chairman of the
bridge committee, Ambrose L.
Henkel, chairman of SaiyardS me-
| mortal fund committee, Mrs. Susan
Wine. Miss Ella feel, Thomas j.
Shirley, Elizabeth A. Shirley, Bar
bara A. Cone, Daniel Kagey, Jas.
X. Pickering, George C. Masiin, T.
| H. Austin and the WayneSborough
Company. ..----... defendants
EXTRACT OF DECREE.
ION consideration whereof this cause is now
| referred to L. E. Stickley, one of the commits
sioners in chancery of this court, whose dut.
a. TO state, settle. and adjust the account:
! of said trustees, showing their receipts ant
| disbursements.
| (2) To ascertain all of the assets of the firm O.
| Rosenberger and Shirley, lately doing business
under that name in New Market. and a
| w ayneSDOfOuSnu nUef Une name OF the Bani
of Waynesborough, and at Basic City undel
| the name of the Iron Cross Bank, which passed
| to said trustees under the said deed of trust
| showing in his report the probable value o
said assets, and particularly whether or no
| any Of the property conveyed by the deed O
| trust Of Dec. Il, 1891, to the said Ford and Ben
| nick, trustees, is subject to any lien or lien
prior to said deed of trust, and If so, state tn,
| amount of such liens and by whom held IL,
will also report whether any steps are neces
| sary to be taken by this court to acquire a it'll
| to any of the trust property, and if SO, what.
| (3) He will ascertain and report all the debt
of Rosenberger and Shirley doing business
| aforesaid at New Market under the name o
| RoseGberger and Shirley, at Waynesborougl
| under the Bank OF WayneSbOrOugh, and a
| Basic City under the name Of the Iron Cross
| Bank which may be secured under the sale
| deed of trust, and if there are any preference
| given by said deed of trust, he viii report TIN
| same in the order fixed and described by tn
| deed eff trust.
a. TO ascertain and report what is necessar,
| to be done, il anything, to protect the prop
erty situated in the state OF Kansas, for tn,
| purpose of which it was conveyed by deed o
date Dec. 81 1891, as aforesaid; it being stated
| in the bill that certain creditors of Rosenber
| ger and Shirley whose debts were secured b,
| said deed, have since its execution ATTACHED
| the said pSoperty il the State Of Kansas, Ii
| will inquire into this matter and report wha
| creditors have so attached and the amount o
| their respective attachments.
| 5) To ascertain and report what, il any
| compensation the said trustee may be entitlet
| to in addition TO that fixed and prescribed b.
| the said deed Of trust.
| 90 IN executing this order the said commits
| Sioner viii give notice of the time and place O
his proceedings by publication in some news
paper published in Woodstock. and also
newspaper published in New Market, and
newspaper published in Staunton, Va, whicl
| publication shall be equivalent to persona
| service OF notice to the parties. The said com
missioner in chan9ery shall either of his owl
| motion or at the instance of any creditor re
| quire the production before him of the book
| eff ROsenberger Shirley at New Market, tn
| Bank of Waynesboro and Iron Cross bank
| and the said trustees are hereby directed up
| on the call of said commissioner to produc
| said books or any of Them before him.
| And the said commissioner in chancery shall
| have like power 60 summon before him ant
| examine as witnesses any ofthe parties to thi
| cause for the purpose of getting such inforna
| ton as may be necessary to enable him to fur
nish to the court the information contemplated
| by this decree.
| The commissioner in chancery executing thi
| decree may il necessary or eXpedient go t.
WaynesDoro' Tor the purpose OF executing thi
| order so far as the Bank of WayneSbOrO' ant
the Iron Cross Bank are concerned"