The Logan County banner. [volume] (Logan, W. Va.) 1889-1903, 1892-06-09
ORDER OF PUBLICATION.

STATE OF WEST VIRGINIA,
LoGAx CotxTS, Town i
At rules held in the Clerk Office Of
he (irenit tsonrt Of said county, on
Monday, the 9Th day Of June, lsa2
+ i. B. Buskirk Plaintiff.
vs. In cbaneery,
gaeeb Ferrerl, Samuel Clay. .Tr., Geo.
". Iieadley. James O'keefis, ! =.
Wilkinson, Trustee, II. &. Raglanu,
Trustee. John Justice, Henry X Phil
| lips. Trustee, H. X. ShuInate and Wm-
G. Lowery, the latter two admiisistra-
tors Of the personal estate of X. >. Low
ery. Trustee. deceased. the unknown
heirs OF the said X. s. Lowery, Trustee,
deceased, the unknown parties or bene-
ficiaries interested ia the contract OF
sale executed BY Jacob Fer,ell 10 X. ).
Iowcry, Trustee, then in life, on the
18th ,lay Of October, 1889. by which con-
| tract the said Jacob Ferr'ell sold to the
said r. s. I.owcry, trustee, certain min
erals and other privileges in, under and
lupon Il certain parcel of land on Pigeon
| creek. in Logan county, West Virginia,
containing about 2 800 acres, the I'M
known parties or beneficiaries interest
ed in said contract by reason OF the as
Segment thereof made by said VIM. q.
| I.owery, one of thu administrators OF X.
s. Lowery, Trustee. deceased, to the
said Henry r.. Phillips, Trustee, on the
18th day OF September, 1888, and Il. i.
| w. Duke.
The object of this suit is to set aside
and annui the contract of sale Of about
50J acres of land on Pigeon creek,
made between jacob Terrell and X. IS.
| Lowery, Trustee, then in life, but now
deceased, on the 4th day of October
/ 1857, and now OF record in the Clerks
| Office OF the County Court of said co,ln-
ity; and also to set aside and have de-
clared null and void the assignment Of
Lsaid contract to Henry X. Phillips,
I Trustee, by WIN. G. Lowcry, one Of the
administrators of the personal estate OF
said X. 5. Lowcry, Trustee, deceased,
made on the 25th day OF September,
! 1888; and also to set aside and annul
the deed from Jacob Terrell and wife to
said ii. r. Phillips, Trustee, conveying
all the coal, salt water, oil, gas and mini
erals lying in, under and upon the said
| land and dated on the Both day OF jan
uary, 1889; and also to set aside and
annul the deed from II. G.. Ragland,
! Trustee, to II. +. w. Duke, dated on
the Stll day of May, 1880. conveying
the same land in different tract; and
also to set aside aud annuf the contract
of sale of all the poplar, ash and cIfRnm-
Der timber on the said land, nadM by
said Jacob Terrell and others to james
O'Keeff., on the goth day Of July. 1889 ;
and also to set aside and anmtil the
deed from Jacob Terrell and wife to
James O'Kceffe, dated on the 24th day
of February, 1890, conveying. among
other things, rs walnut trees standing
upon the said land, and to compel the
specific performance of the contract Of
sale Of certain boundaries of land on
Pigeon creek, including the'land above
mentioned, supposed to contain about
5000 acres, made between said Terrell
and Samuel Clay, Jr.. and George w.
Headley, on the Both day of April, 1888,
\ which said contract was on the 10Th
day of November, 1890, sold and as
signed by said Clay and Hcadley to the
plaintiff. All of which deeds, contracts
and assignments are Of record in the
Clerks office Of the County Court OF
said county.
This day came the plaintiff by his at
tOrneys and on his motion It appearing
from an affidavit made and filed among
tAiC gultslp III tlilo SauSCs tbdb tttC UC-
PENDANTS, Samuel Clay, Jr.. George w.
Headley, James O'keeffe, Henry r.
Phillips. Trustee, VIM. G.. Lowery, one
of the administrators of the personal
estate Of X. 8. Lowery, Trustee, de-
ceased, the unknown heirs of the said
R. s. Lowery, Trustee, deceased, the
unknown parties or benefieiaries inter-
ested in the contract of sale executed
by Jacob Terrell to X. s. Lowery, Trus-
e, then in life, ON the 4th day Of Octo-
her. 1857. by which contract the said
Jacob Terrell sold to the said r. s.
Lowery, Trustee, certain minerals and
other privileges in, under and upon a
certain parcel OF land on Pigeon creek,
in Logan county, West Virginia, con-
tanning about $500 acres, the unknown
parties or beneficiaries interested in
said contract by reason of the assign
mert thereof made by said VIM. G..
Lowery, one of the administrators of
the said r. s. Lowery, Trustee, deceas-
cd, to the said Henry X. Phillips, Trus-
tee, on the 18th day OF September, 1888,
and r. +. w. Duke are non-residents Of
the State of West Virginia, it is therefore
ordered that they appear here within
one month from the first publication of
this order and do what is necessary to
protect their interest in this suit.
Teste: i. e. WHITED,
@aElerk.
2 T Vinson and Jno. A. Sheppard, Soils