The Logan County banner. [volume] (Logan, W. Va.) 1889-1903, 1892-06-30
ORDER OF PUBLICATION.
STATE or WEST VIRGINIA..

STATE or WEST VIRGINIA.,
LosAx CprNxy, To-wfF
At rl,lcs held III the tlcrk's oiEcepi
the Il sfruit Court Of said sco,l11ty, on
Monday, the 9Th day u june, ";
U. b. Busa;rk Piaintiif,
vs. In ci'aneery.
| Jacob Ferfcll. Samuel Clay. Jr., Geo.
W. IIeaGley, dunes 0'keeiTe, j. y.
| Wilkinson, trustee. III. &. Ragland.
lTrastse, John .husticcs Henry II: Plil-
Sips. Trustee, ii. X. slinmate and AVN.
/ G.. Lowery, the latter two aoininistra-
ito-s Of thc personal estatc Of X. =. low
cry. Trustee, deceased. the unknown
heirs Of the said r. $. I.owery. Trustee,
deceased. the unknown parties or bene-
| iic;aries interested in the contract oil
sale executed by Jacob Terrell to X. 5.
| Isowcry. Trustee, then in life. on the
Eth day Of October, 1889. by which con-
| tract the said Jacob Fesrcll sold 20 the
1 said r.. s. I.owciy. trustee. certain min-
erals and ether privileges in, under and
upon certain parcel OF land on Pigeon
creek, in Logan county, West Virginia,
containing about 2, 800 acres, the TIM
known parties or befleiiciarics interest
Ell in said contract by reason of the as
signmeHt thereof made by said VIM. g.
Iowery, one OF tho administrators of K
=. Lowery. Trustee. deceased, to the
| said Henry r.. Phillips, Trustee, on the
18th day of'September, 1888, and II. L.
w. Duke.
The 0hect of this suit is to set aside
/ and annul the contract Of sale Of about
y I ..,I-
made between Jacob Terrell and X. 5.
Lowery, Trustee, then in life. but now
/ deceased, on the 4th day ofr0ctober
1887, and now Of record ip the Clerk
office of the County Court of said coun-
ty; and also to set aside and have de-
clared null and void the assignment Of
said contract to Henry II. Phillips
Trustee, by Vim. G.. Lowcry, one Of thu
administrators of the personal estate oil
said r. S. Lowery, Trustee, deceased
1888; and also to set aside and annn
the deed from Jacob Terrell and wife t
/ said III. r. Phillips, Trustee, conveying
all the coal, salt water, oil, gas and min
erals lying in, under and upon the salt
land and dated on the 30th day of Jan
/ itary, 1889; and also to set aside ant
Trustee, to r. Il. w. Duke, dated OF
the sth day of Nav, 1890, conveying
+ tile sanae=laili Iin@aif ierent tract mn
also to'set aside and annul the cQntract
Of sale Of all the poplar, ash and Shcum
Der timber on the said land, made by
said Jacob Terrell and others to Jane:
O'Kecffe, on the Goth day of July. 1889
and also t. set aside and annlil the
/ IL RI
James O'Kceffe. dated OH the 24th da,
Of February, 1890, conveying, among
other things, rs walnut trees standing
upon the said land, and to compel TIT
specific performance of the contract o
sale Of certain boundaries, of land OF
Pigeon creek, including the land abov,
mentioned, supposed to contain abou
1000 acres, made between said Ferret
and Samuel Clay, Jr.. and George w
= 1IeadIey, on the Both day 81 April, 1888
which said contract was on the l5tl
day of November, 1890, sold and rs
signed by said Clay and iIeadley to TIL
Eplaintiff. All Of which deeds, contract
and assignments are Of record in TIL
! Clerks Office of the County Court o
said county.
This day came the plaintiff by his ut
torneys and on his motion 1t appeariu,
from an affidavit made and filed anon;
tthe papers in this cause. that the de
PENDANTS, Samuel Clay, Jr.. George W
lleadley, James O'keeiie, Henry r
Phillips. Trustee, VIM. G. Lowery, on
Of the administrators of the persona
estate of r. 5. Lowery, Trustee, de
ceased. the unknown heirs of the sal,
II. 5. Lowery, Trustee, deceased, tn
unknown parties or beneficiaries inter
ested in the contract Of sale execute,
by Jacob Terrell to r. $. Lowery, Trus
tee, then in life, on the 4th day Of Octo
Der, 1887. by which contract the sal,
Jacob Terrell sold to the said II. s
Lowery, Trustee, certain minerals an,
other privileges in, under and upon
certain parcel Of land on Pigeon creek
in Logan county, West Virginia, con
tanning about 2 800 acres, the unknown
parties or beneficiaries interested il
said contract by reason of the assign
ment thereof made by said VIM. G
, Lowery, one of the administrators O
the said II. 5. Lowery, Trustee, deceas
cd, to the said Henry X. Phillips, Trus
. tee, on the 10th day of September, 1888
and r. Il. W. Duke are non-residents o
the State of West Virginia, it is therefor
, ordered that they appear here within
one month from the first publication o
this order and do what is necessary +
protect their interest in this suit.
Teste: L. G. WHITED,
i. Clerk
TT vinson and Jno. A. Sheppard, Sol