The Logan County banner. [volume] (Logan, W. Va.) 1889-1903, 1892-06-16
nRDER OF PUBLICATION.

STATE OF WEST VIRGINIA.,
LouAx totNrf. Tc-wIr;
At rules held in The Clerk !, ofiire of
the Circuit tStsrt of said county, On
Monday. the sth day Of June, 1852:
e. B. Buskirk Plaintiff.
y. In chancery.
Jacob ferrell. Samuel Clay. Jr., Geo.
W sIfcalt+y, James 0'kecHe,. j. 3.
Wilkinson. Trustee Ill. g. Kagland-
Trustee. John .'nstive, Henry n Phil
lips. trustee, IL. II Shumatc and VIM.
q. Lowrry, the latter two a.lministra-
TORS Of the personal estate OF r. ). Low
cry. Trustee, deceased. Inc unknown
heirs Of tile said r. $. Isowery. Trustee,
decreased. the unknown parties or bene-
tciarics interested III the contract Of
sale executed bv Jacob Ferfell to r. s.
Isowery, Trustee, then in life, on the
18th day of October, 1885 by which con-
tract tho said Jacob Terrell sold to the
said II. s. Iowcry. trustee, certain min
erals and other privileges in, under and
upon certain parcel Of land on Pigeon
creek. in Logan county, West Virginia,
containing about $500 acres, the UNI
known par.ies or beneiisiaries interest
ell in said contract by reason of the as-
signnlent thereof made BY said VIM. q.
Lowery, one Of tina administrators OF II.
=. LowcFy, Trustee. deceased, to the
said Henry II. Phillips, Trustee, on the
18th day of September, 1855, and X. T..
w. Duke.
The object OF this suit is to set aside
and annul the contract Of sale Of about
, 800 acres of land on Pigeon creek,
male between Jacob Terrell and X. =.
Isowerv, Trustee, then III life. but now
deceased, on the 4t,t day of October,
1887, and now. Of record in the Clerks
Office Of the County Court Of said conn-
fty: and also to set aside and nave de-
clared null and void the assignment of
said contract to Henry II. Phillips,
Trustee. by VIM. G.. Lowery, ono Of the
administrators of the personal estate Of
said Il. $. Lowery, Trustee, deceased,
made on the 25ti day Of September,
1888; and also to set aside and anni,l
lithc deed from Jacob Terrell and wife to
said IL. r. Phillips, Trustee, conveying
all the coal, salt water, oil, gas and min
erals lying in, under and upon the said
land and dated on the Both day of jan
Hary. 1889; and also to set aside and
annul thetIced from III. e. Ragland,
Trustee, to r. 4. w. Duke, dated on
| the sti day Of May, 1890. conveying
the same land in different tract; and
alsoito set aside and annul the contract
Of sale Of all the poplar, ash and cucum-
| bcrztin1ber on tlin said land, made by
said Jacob Terrell and others to James
O'Keeffr, on the goth day Of July. 1889 !;
and alsJ to set aside and annul the
deed from Jacob Terrell and wife to
james O'Kcetfe. dated on the 24th day
of February, 1890, conveying, among
other things, 16 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.
| 1leadley, on the Both day of April, 1888,
which said contract was on the 18th
day Of November, 1899, sold and as
signed by said Clay and IIcadley to the
plaintiff. All Of which deeds, contracts
and assignments are Of record in the
Clerks office Of the County Court Of
/ said coupt ys
This day came the plaintiff by his at
torneys and on his motion 1t appearing
from an affidavit made and fled among
| the papers in fhis cause. that the de-
PENDANTS, Samuel Clay. Jr.. George w.
! Headlcy, James eO'keefie, Henry II.
Phillips, Trustee, VIM. g, Lowery, one
Of the administrators of the personal
estate of r. 5. Lowery, Trustee, de-
ceased. the unknown heirs of the Said
u. 5. Lowery, Trustee, deceased, the
unknown parties or bcneficiaries inter-
ested in the contract of sale executed
by Jacob Terrell to r. s. Lowery, Trus-
tie, then in life, on the 4th day of Octo-
Der, 1887. by which contract the said
Jacob Terrell sold to the said X. 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 2 800 acres, the unknown
parties or beneficiaries interested in
said contract by reason of the assign
ment thereof made by said VIM. G..
I.owery, one of the administrators of
the said X. ). Lowery, Trustee, deceas-
ed, to the said Henry II. Phillips, Trus-
tee, on the 25ta day of September, 1888,
and X. 4. 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.
Tcstc: Il. &. WHIrED,
Clerk.
2 7 vinson and Jno. A. Sheppard, Soils