Staunton spectator. [volume] (Staunton, Va.) 1849-1896, 1895-06-26
staunton Grocery Co.'S Trustees
taunton Grocery Co S Creditors.
iune 5-4ts

| Staunton Grocery Co.'S Trustees
Staunton Grocery Co S Creditors.
| All parties interested in the above entitled
| cause now pending in Chancery in the Circuit
| the undersigned Commissioner pursuant to
| the decree entered in said cause on the 24th
day or May, 1885, Will, at his office in the city OF
| Staunton. Va. on
| Saturday, the 9th day of July, 1895,
proceed to ascertain and report:
| First-The true amOun4 of the debt secured
to P. n. Powell in the second class OF the
Staunton Grocery Co.'S deed for $4,000 as q
| partnership liability of the Staunton Grocery
Co, and the real consideration therefor
Second.-Whether or not the said deed of the
| StauntOn Grocery Co., under a proper con-
| struction thereof, provides for the payment OF
the individual obligation of j: w: Splitter to B.
| f. Eakle OF S2,0O0Oo and of j. III. Powell TO P.
| N. Powell for $2,UU000 in preference to and
| ahead of the social debts of said Grocery Co.,
or whether said individual debts are, under
| proper construction of said deed, to be paid
out of the separate portions of said Splitter and
Powell in the assets of said Grocery Co., after
the social creditors have been satisfied.
| Third.-Whether or not lin the event the
| Commissioner finds that said deed pr eferS said
| individual debts to the social debts of said
partnership, such preference is legal and
valid as to any of the social creditors of said
| firm, and if valid as to some whether or not
| for any special reason, it is invalid as to the
| SpreckleS Sugar Refining Co., and the Franklin
| Sugar Refining Co., and Arbuckle Bros, or
| either or any of said last named three credi-
tors
Fourth.-The Commissioner will require B.
| F. Eakle ST., and P, N. Powell to establish by
| legal and sufficient evidence adduced before
| him the exact amount of their respective debts
| against the said j. w. Splitter and j. H. Powell.
mentioned and secured in said trust Decd and
| report the same to the court.
Fifth The nature and legal effect of the con-
| tract between Arbuckle Bros. and the Staun-
| ton Grocery Co., under which said Grocery Co.
| got possession of the coffee charged for in the
| claim of said Arbuckle Bros.
| S1Xth-W hat part OF said coffee was on hand
| at the time of said assignmC MT, and which
came to the hands of the trustees and what
Co., but not collected for at that time. the un-
collected accounts for which came to the
hands of said trustees.
| Seventh.-Whether all or any part of the said
| claim of Arbuckle bros, (and if only part
| thereof what part) constitutes only a general
| debt of said Staunton Grocery Co.; and if the
| Commissioner should find that all or any part
| of the said claim has any different standing
| from the general debts of said Grocery Co.,
| then he will find further what relation it, or
that part of it not included in the general
debts bears to the other claims asserted in this
| cause, and what are the rights of said Ar
Ibuckle Bros, in respect thereto.
| Eighth.-The Commissioner will settle the
| accounts of Patrick & Gordon, Trustees. with
| the trust fund in this cause showing their re-
ceiptS and disbursements.
Ninth.-He will state what disposition should
be made OF the balance of said fund now in
| the hands of said trustees and how the same
should be distributed, and the order of prior
| ity of any liens binding same or debts entitled
| to be paid thereout.
Tenth-He will then state any other matters
| deemed pertinent by himself or which may be,
| specially required to be stated by any of the
| parties in interest.
QUARLES,
Commissioner in Ch'y of Circuit Court of Au-
gusta Co.
| June sits