davidaulloa/AmericanStories huggingface dataset:
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
BY 'VIRTUE \ DEED OF TRUST

BY sVIRTUE y DEED OF TRUST
made on the 18th day..of MAY, 1890, and
and recorded in deed book No rs.
page AZ, of the land records of the
county of Bath, Virginia, executed
by John Critcher, Jr., and mt the
request of the party secured thereby, de-
fault having been made in the payment
OF the indebtedness due, the undersigned
trustees therein named. on MONDAY.
THE 10th DAY OF AUGUST, 1896. Ar
IL O'CLOCK NJ, as the front door of the
courthouse of the said county of Bath.
Virginia, will sell at public auction ali
that certain undivided one sixth interest
in II tract or parcel of land, with the i'm
provements thereon, situated in the coun-
ties of Bath, Augusta Highland and
Rockbridge, Virginia, bounded as fol-
lows, to-wit:
Beginning ut two white oaks, thence
south 62 degrees west 100 poles to white
oak, south 10 degrees west 100 poles TO
two white oaks, south 81 degrees west
2i3 poles to pine, south 81 degrees west
$50 poles to gum and dogwood, south
As degrees east 66 poles to two white
oaks, south 8 degrees west 492 poles to
three pines, south 80 degrees west ESQ
poles to pine, south 81 degrees west
!, lSO poles to Il black oak and pine, south
degrees east 2y6 poles To black oak
and two hickories by the Big Lick near
to John Lewis, south 20 degrees east $40
poles to two white oaks. south 30 degrees
east 3S4 poles to three white oaks, south
90 degrees east ,4S0 poles, crossing road
to two white oaks on the eastern side of
Mill Mountain and along the same north
20 degrees east 3, 100 poles to white oak,
thence north - degrees west :, $50 poles,
crossing said road and crossing some
branches To the place of beginning, ex-
cepting out of said survey 5000 acres,
which are held under prior rights and
not intended to be hereby conveyed, be-
ing an undivided moiety of the tract of
land conveyed by Joseph Britton to
Benjamin F. Butler and Robert Strong,
being also the undivided moiety conveyed
by Strong to Main, and by Main to Loren
Is. Sessions aud John NJ. Wiley, and CON
tanning Al ,213 acres, together with all the
rights, Improvements and appurtenauces
to the same belonging.
TERMS OF SALE:- 81, COO cash, bal
ance in one, two and three years, secured
by deed of trust
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
JULY 81.
THE TINES,
ROANOKE, VA.
Coupons
N : :: +, W apftais ::VesIaaE.g,
Schedule in Effect April 10, 1896.
WESTBOUND LEAVE ROANOKE
DAILY

ESIBOUND LEAVE ROANOKE
DAILY
o;OC n m. Washington and Chattanoopz.
nmited) for Bristol, intermediate sta
tons and the South and West. phil
man sleepers to New Orleans and Mem
pms Connects at Radford for Blue
field and Pocahontas.
no p. m, the Chicago Express for Rad
lord, Bluefield, Pocahoutas, Kenova,
CINCINNATI, indianapolis, st. Louis.
Kansas City. Columbus and Chicago.
human Buffet Sleeper Roanoke to
loium6ns- Also for Pulaski, Wythe-
Vile, Bristol, Knoxville, Chattanooga
and intermediate points
TRAINS ARRIVE AT ROANOKE
From Norfolk 7:35 a. M. 4l5 p. m.
From Hagerstown 1:40 n. m. los n. m
From Winston 400 p. M.
From Bristol and the West 1o.O5 NOON.
$50 p. III. -n'
NORTH AND EASTBOUND, LEAVE
ROANOKE DAILY.
l2;l1 noon for Petersburg, Richmond and
Norfolk. "N'A
1915 noon for Washington Hogerstor.,,
Philadelphia and New York.
lO:lO p. III. for Richmond and Norfo,l-
Pullman sleepers Roanoke to Norfol,
ana Lynchburg to Richmond.
1905 p. III. washington and Chattanooo.
limited for Washington, Hagerstown.
Philadelphia and New York Pullman
sleepers to Washington via. Shenan-
doah junction and Baltimore and Ohio
railroad.
Durham Division-Leave I.ynchburp
Union station) daily $50 p. m. for
south Boston and Durham and inter
mediate stations.
WinStOn Salem Div;s;o,, 80. -
Cnion station daily 1925 noon and
500 IA. III. daily, except SUNDAY OCamn-
bell street station) for Rocky Mount
Martinsville, Winston Salem and inter.
mediate stations.
For all additional information apply
NJ ticket office or to w. b. Bevill, General
PASSENGER Agent, Roanoke, Va.
NJ. r. Bragg Travelling Passenger
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
IxaAr. NOTICES.

TRUSTEES SALE OF real. ESTATE.
BY virtue of n deed of trust, dated the
18th day of July, 1891, from j. Mover.
recorded in deed book 81, page 21S. in
clerk office OF the corporation court for
the city OF Roanoke, Virginia, default
occurring in the payment of the note
therein described, as payable two years
after date, and being so requested by Il. A.
Watts, the holder of said note, will. on
THURSDAY, THE 18TH DAY OF
AUGUST, 1896, at 10 O'Clock a. m. in
front of the courthouse in said city, offer
for sale at public auction, that certain
parcel of land lying in said city, and de-
scribed as follows: Beginning at point
on the south side of Salem avenue 5O3. Q
feet east of Lewis street, thence with
said avenue south 81 degrees 30 minutes
east 5O feet to point, thence south de-
grees 20 minutes west S97 feet to an
alley, thence with said alley north 81 de-
grees 20 minutes west 80 feet to a point.
thence north so degrees 80 minutes east
03, feet to place of beginning.
The amount due upon said note is 81.
$40. 80, with interest from August :. 1894
TERMS-Cash.
The land is sold subject to unpaid
taxes thereon, statement of which
taxes will be furnished upon application.
and also made known on day of sale.
THOS w. MILLER,
Trustee.
IL
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
LKaAL NOTICES.

offer for sale at public auction in front Of
the courthouse in the city of Roanoke,
the following property to wit:
Descriptions: Lot No3, section 6, Edge
wood addition. This lot is 40 feet front
by 100 feet deep, ad has a..good two-story
frame dwelling house thereon.
TERMS One-third cash and the bal
ance upon Il credit of one and two years,
to be evidenced by negotiable notes CT the
purchaser secured by deed of trust on the
property.
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31

TRUSTEES SALE.-WherpaS n GER
tain deed of trust was executed by Pat
rick B. Gallagher ana Michael b. Gala-
CHER, to George j. Peet, trustee, bearing
date the thirteenth.day of April, 1892, and
recorded in the clerks Office of the Hust-
ings court for the city of Roanoke, Va, in
deed book -, page 2SG, to secure the per
fOrmance of certain conditions and pay
mentS specified in IL certain bond executed
by the said Patrick b. Gallagher and
Michael b. Gallagher with even date with
the said deed for the payment of three
thousand (S3, 00W dollars to the National
Mutual Building and Loan Association,
of New York, in accordance with their
articles of association, and whereas the
said George j. Pect has resigned the said
trust and the Judge of the hustings court
for the city Of Roanoke, Va, at the July
Term, 1896, did appoint Junius McGehee as
trustee in the place and stead OF George
j. Poet, after legal notice, rs provided by
statute, to all parties in interest ard
whereas default has been made in the
payments and conditions mentioned in
said bond and deed of trust for more than
three months, and after being required
SO to do by the beneficiary, the National
Mutual Building and Loan Association
of New York, / shall by virtue of said
deed and pursuant to the terms thereof,
proceed to sell at public auction to the
highest bidder on MONDAY, AUGUST
10, 1896, at 3 O'Clock p. m, on the prem
ises, all the property conveyed in said
deed with the improvements thereon
bounded and described rs follows, to-wit:
LIST lot. Beginning at u point on the
west side of Nelson street fifty (50) feet
south of Robertson street and running
thence north 81 degrees west ninety-f five
(95) feet to a point, thence south de-
&. g,l-
thence south 50 degrees east ninety five
(95l feet to Nelson street, thence with the
same north degrees east twenty five (25)
feet to the place of beginning.
I'd lot. Beginning at II point on the east
side of Nelson street one hundred and
sixty C60) feet south of Robertson street
and running thence south IS degrees east
ninety-five (D1) feet to II point thence
south , degrees west twenty five (25) feet
to point thence north IS degrees west
ninety-five 90 feet to Nelson street,
thence with Nelson street north , degrees
east twenty-five go feet to the place of
beginning, and known AS lot No. 239, in
ward 5,as shown on the map of the Roam
oke Land and Improvement Company.
TERMS:-Cash sufficient to pay all
cost of executing this trust, including a
commission to the trustee, and to pay off
said bond with arrearages due thereon
amounting to twenty hundred and
fifty five $4,000 (s2, 755 $4,000 dollars. rs
OF July 10, 1896, and the balance, if any,
in one and two equal annual installments
due in. twelve and twenty-four months.
with interest thereon from date, the pur-
chaser executing negotiable notes for de-
ferred payments and secured by deed of
trust on the property sold.
JUNlUS McGEHEE,
10 II I'd Substituted Trustee =
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
A. BLAIR ANTRIM,
JOHN NJ. HART,
Special Commission

Ia the clerks Office of the hustings
court of the city of Roanoke: p. +. Van
Miller, plaintiff, against Rosa l.. Robert
son, defendant. Chancery. /, 5. $.
Brooke, clerk of the said court do certify
that the bond required of the special COM
missioners by the decree rendered in said
cause on the 9th day of July, 1896, has
been duly given.
Given under my hand as clerk of the
said court this 30th day of July, 1896.
z 81 til s. 5. BROOKE. Clerk
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
LEGAL NOTICES.
COMMISSIONERS SALE OF M
PROVED REAL ESTATE.

Pursuant to decree entered in the
chancery cause of p. f. Van Miller versus
Rosa L. Robertson ct ais, sixth day of
July, 1896, in the hustings court for the
city of Roanoke, the undersigned special
commissioners will on the 18TH DAY OF
AUGUST, 1896, at twelve O'Clock m,
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
Special Commissioner
Is I'd

TRUSTEES SALE.-By virtue of a
decree entered by the hustings court OF
the city of Roanoke, in the chancery cause
of the Covenant Building and Loan Asso-
citation vs.. j. b. McGehee, the under
signed as special commissioner appointed
by said decree, will offer for sale mt public
auction, in front of the court house in the
city of Roanoke. mt IL o'clock noon, on
the 18th AUGUST 1896, the following
described parcel of land, together with its
improvements, situated in the city of
Roanoke:
Beginning at point on the south side
of Harrison street 1863 feet west of Frank
street, thence with Harrison street in u
westerly direction % feet to a point.
thence in II southerly direction 114.3 feet
to an alley, thence with said alley in a
easterly direction % feet TO a point.
thence in northerly direction 1879 feet
TO the beginning, being the same land
that was conveyed to J. b. McGehee by
deed from F. j. Kemp, of record in the
clerks office for the city of Roanoke.
TERMS OF SALE:-One-t third cash
and the remainder in six and twelve
months from the day of sale; title to be
retained until the entire purchase money
shall have been paid.
LUCIAN II. COOKE,
Special Commissioners
I, 8. s. Brooke, clerk of the hastings
court for the city of Roanoke do certify
hat Lucian II. Cooke, special commits
Toner, has given bond as required by the
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
ARTHUR ONION,
LOUIS &. BARLEY,

=.
The one-siXth interest in the above de
scribed tract of land hereby advertised for
sale is the same which was conveyed bv
the said John Critchcr, Jr., to Joseph 5.
Lawrence, subject to the deed of trust set
forth above. 7-9-tds
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31

TRUSTEES SALE.-By virtue of n
decree of the hustings court of the city of
Roanoke, entered at its April term, 1896
In the chancery cause of the Covenant
Building and Loan Association VS.. A. A.
Jamison ct ais, the undersigned, as spe-
clal commissioner, appointed by said de-
cree, will, on the 18TH DAY OF AU-
GUST, 1896, n..front of the court house of
the city of Roanoke, at ~ o'clock noon,
offer for sale at public auction, the fol-
lowing parcel of land situated in the city
of Roanoke, together with it's improve
ments, described as follows:
Beginning ut II point on the north side
OF Gainsboro avenue and at the southwest
corner OF the property decided by p L.
Terry to the Roanoke Gas and Water
Company, thence along Gainsboro avenue
north I'D degrees 35 minutes east 30. OF
feet to point, thence north % degrees 10
minutes west 6435 feet to point, thence
south 80 degrees 30 minutes west &c. OF
feet to post, corner of fence, thence along
the westerly boundary of property decided
by Z. l.. Terry to Roanoke Gas and Water
Company to the beginning, being the
same property conveyed to a. A. Jamson
by y. f. Brooks and j. +. Cooper by deed
dated 10Th day of October, 1892.
TERMS OF SALE:-One.th third cash.
balance i'll six and twelve months, title of
said premises to be retained until all the
purchase money shall have been paid.
LUCIAN II. COOKE, \
Special Commissioner.
|, S. s. Brooke, clerk of the hustings
court, do certify that bond in the above
styled cause has been given by Lucian H
Cooke, special commissioner Given I'M
der my hand this 18th day of July, 1896
10 til 5. :. BROOKE. Clerk
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
LEGAL NOTICES.

decree in the above mentioned cause.
Given under my hand this 14th day of
July, 1896. 5. S. BROOKE, Clerk.
10 I'd
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
BY VIRTUE OF A DECREE OF

BY VIRTUE OF \ DECREE OF
the hustings court for the city of Roam
oke entered ut its May term, 1896, in the
chancery cause of National Mutual Build
ing Loan Association vs. Edmund Didier
ct. ais, the undersigned, as special COM
missioner, appointed by said decree, will
offer for sale in front of the courthouse
in the city of Roanoke, at ~ clock noon,
on the 18TH DAY OF AUGUST, 1896,
that parcel of land situated in the city of
Roanoke with the improvements thereon
and described rs follows
Beginning at a point on the south side
of Water NOW Center street, as corner to
the lands of Rogers, Fairfax * Houston
addition, and running thence with said
lands south II degrees ID minutes west
100 feet to an alley, thence with said alley
south rs degrees east 40 feet to point
thence north II degrees ID minutes east
100 feet to Center street, thence with
Center street north rs degrees west 40
feet to the place of beginning.
TERMS OF SALE:-One- third cash,
balance in one and two years, said defer
red payments to bear interest from date
of sale, and to secure which the title of
said premises will be retained until all of
the purchase money has been paid.
LUCIAN II. COOKE,
Special Commissioner
I, S. S. Brooke, clerk of the hustings
court for the city of Roanoke, do certify
that Lucian II. Cooke special commits
sioner, has given bond as required in the
above named cause Given under my
hand this the 14th day of July, 1896
S. :. BROOKE, Clerk.
Is I'd
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
THOS. w. MILLER,

CommisslOner and Trustee.
L, 5. =. Brooke, clerk OF the hastings
court of the city Of Roanoke, do certify
that.Thos. w. Miller, trustee and COM
missioner, has given bond with approved
security as required by the decree above
mentioned. 5. S. BROOKE, Clerk.
T-i1-td.
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
LKoAL norrcss.

o. Beginning at point on the west
side OF Jefferson street 2Sl.S feet south of
Spruce street, thence with Jefferson
street south Al degrees 81 minutes west
1928 feet TO point, thence north SO de-
grees west 80 feet To point, thence
north degrees east 20. 10 feet to a point.
thence south 50 degrees 80 minutes east
lOI4 feet to place of beginning.
TarIf,. ncl,
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31

TRUSTEES SALE.---ON THE 9TH
DAY OF JULY, at 10 o'clock, ~ m,
will offer for sale, ut public auction. on
the premises, the following described
parcel Of land, with its improvements,
situated in the city of Roanoke, Va:
Beginning AZ the northeast corner of
ID street and Chapman avenue, thence
with Chapman avenue south 80 degrees
east 10 81 feet To point, thence north
10 degrees east 1874 Gle feet to an alley.
thence with said alley north 50 degrees
west 10 81 feet To ID street, thence with
ID street south so degrees west 1876 feet
to the place of beginning.
The above sale is made by authority
contained in deed of trust from Carrie
y. Jordan, dated the 10th day of Deem
Der, 1891, and recorded in deed book II.
page 1913, default having been made in
the payments under the bond therein Sc
cured for more than three months. The
above sale will be made by the undcrsgn-
the place of Silas w. Burt. by an order of
the hustings court for the city of Roa-
noke, Virginia, entered at its June term
1894
TERMS OF SALE. Cash. Amount
due under the above mentioned deed of
trust is -, l6, as OF June 9th, 1896.
This sale is made subject to Il prior lien of
about $3.50 90 in favor of Jessie O. Leedv.
LUCIAN II. COOKE.
2'-tds Trustee.
The above sale has been postponed 70
Saturday, August LIST, 1896, at same time
J and place. LUCIAN II. COOKE
rs tbs Trustee.
The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-07-31
6 25-tds

BY consent Of all parties concerned the
above sale is postponed to SATURDAY,
AUGUST 1ST, 1896, at same hour and
place. X. f. SCOTT, Trustee.
The record-union., 1896-12-19
CHARGES OF EMBEZZLEMENT.
The Grand Jury Takes Action in the
Case of F. j. Kerkohofer.

WASHINGTON, Dec. 49, - The
Grand Jury has taken action in the
case Of Francis J. Kerkohofer, formerly
DisbupS.ng Clerk of the State Depart
ment, who is charged on three counts
with eunbezzlement of $1,000 of funds
intrusted to his care while in Govern
ment service. The money is alleged to
have been taken by Kerkohofer from
the trust funds of the State Depart
ment, over which he had control. 1t is
part of the $139,000 shortage discov-
cred by an expert accountant in the ac-
counts kept by Kerkohofer.
Mr.. Kerkohofer was arrested some
months ago, but was released on So,
600 bail. He had previously resigned,
by direction of Secretary Olney.
Just what the action of the Grand
Jury was has not yet developed, but
return of their finding is expected in
day or two. and it is understood that it
is perfectly satisfactory to the District
Attorney. The matter has hung fire
for over a month.
The record-union., 1896-12-19
FATAL RAILWAY ACCIDENTS.
One Occurs in Ohio and the Other in
Indiana

CHILLICOTHE O), Dec 1S-A
wreck occurred on the Baltimore and
Ohio Southwestern Railway at the east
ern edge of Hamden. near here at 80
this afternoon.
A fast west-bound express was en-
tering Hamden. going forty-five miles
an hour. Just as they whistIed for
the station the pilot struck cow. She
was thrown against a switch with such
force as to throw open the switch. The
engine took the switch track, ran into
a bann and overturned the tender. The
coaches struck the tender. which lay
partially across the main track, and
jumped to another siding, where they
encountered car of shelled corn. The
baggage car and postal cars also left
the track.
Michael King, postal clerk. of Cincin-
natl. was buried in the shelled corn and
smothered to death. O. II. Smith, pos
The record-union., 1896-12-19
LIABILITY OF STOCKHOLDERS.
IMPORTANT DECISION BY THE
SUPREME COURT.
Many Similar Suits Likely to be
Thrown Out of Court in COnse.
quence of the Ruling.

SAN FRANCISCO, Dec. 1S.-The SUI
preme Court rendered an important de-
cision to-day relative to actions against
stockholders for the recovery of pro-
portionate share of the debts of a cor
poration. The case decided was that
of the j. I. Case Plow Works, appellant.
against Charles Montgomery and others,
defendants.
Some time ago the Case Plow Works
sold lot of goods to a corporation OF
which Montgomery was stockholder.
Subsequently payment of the BILL which
amounted to thousands of dollars, was
demanded. In lieu of this Montgomery
and his associates issued a note for the
full amount of the Indebtedness to the
Case Plow Works. This note was not
liquidated, whereupon the Plow Works
instituted an action for the recovery of
the amount. The court held that the
complaint of the plaintiffs was defective
in that it did not show that at the time
the note was executed and the debt in
CURED the defendants were stockholders
of the concern sued. Judgment was en-
tered for Montgomery, whereupon the
Plow Works appealed.
Justice Temple in his decision stated
that the only question considered by
him was whether there was sufficient
allegation that the Indebtedness was in
CURED while the defendants We're stock
holders. ''This is discussed he said.
"in Winona Wagon Road Company VS..
Bull, 10S Cal, l, IN which case the
question was decided. 1t was there held
that the complaint must show that the
Indebtedness was incurred while the de-
fendant was a stockholder and that the
mere allegation that on a certain day
while the defendant was a stockholder
the corporation made its promissory
note does not show that fact. 1t is q
question merely of pleading and evil
dence. and a rule having once been de-
clared should be adhered to.
'Of course, the Indebtedness might be
incurred at the time of giving a note, or
even by giving the note, but if so, such
fact must appear. The trouble in the
case cited was that the complaint did
not show that the Indebtedness was then
for the first time incurred, nor when 1t
was incurred. 1t, therefore, failed to
show that it was incurred while de-
fendant was q stockholder. I think if
the allegation had been that on a GER
tain day the corporation became in
debted to plaintiff and on that day
executed it's note it would have been
sufficient. The order IS affirmed"
The effect Of the decision will be to
practically throw dozens of similar ac-
tions involving hundreds OF thousands
OF dollars, out of court. The complaints
in these suits lack the same sufficiency
of details as the one just decided. and,
therefore, new actions will have to be
brought If success is hoped for. The
decision is concurred in by Justices Nc
Farland, Henshaw, Harrison and Van
Fleet.
The record-union., 1896-12-19

tai clerk, also of Cincinnati. sustained
q fractured rib and was injured inter-
nally so badly that he may die. Postal
Clerk Shannon Of Cincinnati was seri-
ously injured Conductor Brown was
badly bruised and narrowly escaped
death. None of the passengers were
injured beyond bruises that are not Sc
riouS.
FATAL ACCIDENT IN INDIANA.
INDIANAPOLIS, Dee. 1S-At $50
o'clock tonight wreck occurred at
the crossing of the Wabash and Monon
Railways at Delphi, Ind. A wrecking
train jumped the track and the entire
train went into a ditch. One man was
instantly killed and several others in
jured. Among the injured is Trainmas-
ter McCannon of the Monon road.
The names of the killed and injured
are as follows: Cecil Douglas Of Ham
mond, Ind, who was stealing a ride,
was instantly killed; c. w. McCannon,
trainmaster, both legs broken: John
Reed, conductor, injured internally;
Otto Long, brakeman, cut about the
face and head. but not seriously in
jured.
The record-union., 1896-12-19
STIR IN NAVAL CIRCLES.
Orders Issued to Expedite Repairs on
WarshipS.

WASHINGTON. Dec. 1S.--Acting Sec
retary McAdoo of the Navy this after
noon summoned the chiefs of construc-
ton, engineering and ordnance. Com
modores Hichborn. Melville and Samp-
son, and ordered them to take neces-
sary steps to expedite the repairs of all
ships now in commission at the Allan
tic coast navy yards.
The chiefs were also directed to ap-
prove no changes or extensive repairs
in ships for the present, as is was the
desire of the department to get all the
commissioned vessels away from the
navy yards in order that urgent work
may be prosecuted on other vessels
which have been dismantled for thor
ough overhauling.