The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-28
LEGAL NOTICES.
ORDER OF PUBLICATION.

The State of West Virginia, Ohio County
In the Circuit Court Of Ohio County
West Virginia. October rules, 1887.
The Bank OF the Ohio Valley, a corpora
ton. plaintiff. which sues on behalf OF
itself and all other creditors OF Hannah
Emsheimer who shall come into this suit
and unite with II before final decree and
agree 10 contribute TO the costs and ex-
penses Of the suit
VS..
Hannah Emsheimer, Emanuel Emsheimer
W. II. Frank, ]. d. Ewing. trustee,
Henry sRsye5 SSstaye H. Emssei% a
panSs corporation, and the City Bank
OF Wheeling, a corporation, defendants
In Chancery.
The object OF this suit is TO set aside and
declare null and void certain deed Of
trust made by the said Hannah Emsheim-
er and Emanuel Emsheimer, dated Janu-
airy q, 1887, to the said Gustaye II. EN-
shelmer as trustee. of the following de-
soribed property that is to say: All that
part OF lot thirty-eEht (3O on Main street.
West Virginia. on which Is erected three
story brick house. and which part OF said
lot fronts forty-four 40 feet moro or less
on Main street. Is one hundred and thirty
two l2D feet more or less in depth. and
Is bounded on the west by Main street, on
the south by a private alley, on the east
by a lot formerly conveyed by Mary l..
Dorsey TO Adeline Fitchner, and on the
north by that part OF lot thlrty-eight (S0
north OF the northern wall OF the said
three story brick house, on which real es-
tate is situate Is situated the premises
Nos. 1000, lO22 and 1924 Main street In said
city OF Wheeling, In trust, TO indemnify
and forever save harmless the said Henry
Speyer from all loss and damage which
may arise or shall accrue to him, the said
Henry Speyer. or to his heirs. executors.
administrators or assigns by reason OF his
being or becoming the accommodation en-
dorser upon any and all negotiable COM
mercIal paper or papers Of any and every
kind whatsoever for her, the said Hannah
Emsheimer: to set aside said deed and
declare the said deed Of trust null and
void MS made with Intent to delay, hinder
and defraud the creditors OF the said Han
nah Emsheimer as set forth in the bill In
said cause, TO which reference IL hereby
made, and to give fictitious credit TO said
Hannah Emsheimer. and because she was
insolyent when said deed OF trust was
made, January q, 1887, and has SO con-
tinued ever since and Is still insolVent,
and because the said deed Of trust was
made by her and her husband in an at.
tempt and as an attempt TO prefer the said
Henry Speyer as n creditor OF herself, and
10 secure and indemnify the. said Speyer
rs an indorser, according TO the tenor ana
effect OF said deed OF trust, for debts to
the exclusion OF her other creditors, the
said deed Of trust being therefore void as
10 snId preference and security: and the
further object OF said suit Is that all proper
accounts may be taken: that the SAID real
estate may be sold. the proceeds dlstrib.
uted under the DEGREES OF said court, and
that the plaintiff may have such other
further and general relief as II may be en-
titled TO in the, case,
And Il appearing from an affidavit fled
IN said cause, at these rules. that the de-
PENDANT, The Pittsburgh Dry Goods Com
pany. corporation, defendant. IS non,
resident OF this state OF West Virginia, and
il not having been served with process in
said suit. on motion OF the plaintiff by its
ATTORNEYS, this order OF publication Is en-
tered against The Pittsburgh Dry Goods
Company, the said nonresident defend
ant. and Il Is ordered that the said de-
PENDANT last above named be and is re-
uulred TO appear within one month after
the date Of the first publication OF this
order and do what Is necessary to protect
lis Interests. II Is further ordered that
this order be published and posted as re-
Witness c. ii. Henninr, clerk OF our sald
court, at the court house Of said county,
this 9Th day OF october. 1891, to-wit: Oc-
'O''' 'D''' c. H. HENNING, Clerk.
Published the FIRST time October II. 1891.
Attest: c, II. HENNING, Clerk.
CALDWELL & CALDWELL,
oci4-th Attorneys for Plaintiff.
TN THE CIRCUIT COURT OF OHIO
i County, West Nirglnla.-ln Chancery.
City OF Wheeling VS., Paige Carey g. Co,
ct ais.
Commissioners Notice
To all whom Il may concern
The undersigned has. under authority
given him by an order entered In tho
above entitled cnuse on October II. 1897,
fixed upon Monday, November Is. 1897. as
the time for the closing OF the taking OF
testimony IN said cause
Given under my hand this Goth day OF
October. 1877.
GEORGE II. Il. G1LCHRtsT.
oc2i Commissioner