The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-14

VS..
Hannah Emshcimor. Emanuel Emshelmer,
W. II. Frank. j. d, Ewing, trustee,
Henry Speyer, Gustave II, Emshelmtr'
trustee, Tho Pittsburgh Dry Goods Com
panys a corporation. and the City bahE
OF wheeling, n corporation, defendants
In Ctancery.
The object Of this suit lR to set aside and
declare null and void n certain deed o.
trust made by tho said Hannah EmsheIH'
er II Emanuel Emsholmer, dated Janu'
airy q. 1897, to the said Gustaye II En-
sheimer, as trustee, Of the following o..
Scribed property, that Is 10 say. Az thar
part OF lot thirty. eight GS.on Main street,
In the city OF Wheeling III the state Of
West Virginia, on which Is erected a three
story brick house, and which part OF SAD
lot fronts .forty-four 90 feet more or less
on Main street. is one hundred and thirty;
TWO uS2) feet more or less In depth, ana
IL bounded on tho west by Main street on
the south by a private alley, on the ea!S'
by n lot formerly conveyed by Mary Ia
Dorsey to Adellne Fitchner, and on ne
north by that part OF lot thlrty-eight ~
north OF the northern wall OF the slio
three story brick house, on which real o..
tate Is situate Is situated the premises
Nos, 1922, 1922 and 1924 Main street In sail
city OF Wheeling, in trust, TO inlCrGullg.
and forever save harmless the said He1y
spOyor from all loss and damage when
HltN hllNf VI SllNll ulNIlt W lllIlt Wv 80
Henry Sncyor or TO his hclra, cFecui0rS,
administrators or assigns by reason OF Nv
being or becoming the accommodation en-
dorscr upon any aud all negotiable CON.
mcrcial paper nr papers II any ana oNVll
kind whatsoever for her, the said. H1hNall
Emshcimer, 10 set aside said deed NV
declare the said decd Of trust null ~.
void as made with intent TO delay, hinder
and dctraud tho creditors Of the SAID lil.an''
nah Emshoimcr as set forth In the hll ~
said cause, to which reference net'pI
made, and to give u fictitious credit ! Q stW
Hannah EmHhclmcr, and because sho W.,
insolvCnt when said deed Of trust Wv
made, January q, 1897. and has So cor
tlnlcd over since aud IL stu lnsolNru.,
and because the said deed or truSl va,
made by her and her husband II an ~,
tempt and ms an attempt to prefer ilg Nv
Henry Spcycr as n creditor Of herself ana
to secure and indemnify the snid spcN.,I
Ms an ludOrgCr, according TO the tenor aIn
cttoct Of said decd Of trust, for dchlS Y,
tho exclusion Of her other creditors NY,
said deed Of trust being therefore vo,d ~
to gnid preference and security; ,anu w,
further object of sud suit Is that all Wow.
accounts may lac taken, that tao sa,,d Igss.
estate may he sold. the proceeds ul''I,.uI
utcd under tile DEGREES Of said coufl, wv
that the plnintln may have such ,o'Os,
further and general relief "a II may no
titled 10 In the cnEc "a
Aud ii appearing from an affidavit nIri
In nnld cause, nj these rules, TINT the l,.
fcndunt The Pittsburgh Dry uooda .oIn.
rany, u corporation, dclCndnni. w. u,,,1
Toaidcnt of this state of Wost virginia IVY
II not having been served with ntur,. ",
said suit, on motion Of the plninilu, ny W.
attorneys. this order Of publication Wy,
tered Rlulnst Tho plttehurgh Dry v'n3'
Company, the said nonresident dri'll.
ant, and II w ordered thai ito NlNN w.
fppdnnt last above nniholl ho nul I
Qulrcd To appear within ono month ll,
The date Of thr trat publication Oh VIZ
order aud 10 what NJ necessary TO nloV.
~ Interests. n m further nrlcrlu M.
this order bc published and posted h' f'
uiirud 10y law .t
Witness e. n, Hcnnlnr, ulorl, NJ our .a,'
cnnrt, Mt the court hn,tsc ~ vNfh yN"lg..
This dlh dny OF October 1921, to.Wli. "''
e. w. ItENNlN0 corr.
publIshrd lilo Urat time OtlNhCr ~ Two
Attp0it q. H. 11ENNlNg CLERK
CALDWELL y CALDWELL.
ocli.th Attorneys for Plhlhtih