The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-02
OF PUBLICATION.

The State OF West Virginia, Ohio County,
In the Circuit Court of Ohio County.
West Virginia. October rules, 1897.
The Bank OF the Ohio Valley. a corpora
tion, plaintiff, which sues on behalf OF
itself and all other creditors of Hannah
Emshelmer who shall come Into this suit
and unite with II. before final decree and
agree to contribute to the costs and ex-
penses OF the suit.
Hannah Emshelmer, Emanuel Emshelmer,
w. IL. Frank, j. D.. Ewing, trustee,
Henry Speyer, Gustaye II. Emshelmer,
trustee. the Pittsburgh Dry Goods Com
pany, n corporation, ant the city Bank
OF Wheeling, q corporation, defendants.
in Chancery.
The object OF this suit Is to set aside and
trust made by the said Hannah Emshelm-
or and Emanuel Emshelmer, dated Janu-
airy q. 1887, to the said Gustavo II. EN-
shelmer, as trustee, OF the Following de.
scribed property, that is to say: All that
part OF lot thirty-eight (S9 on Main street,
In the city Of Wheeling, In the state OF
| West Virginia. on which Is erected n three
| story brick house, and which part OF said
| lot fronts forty-four 90 feet more or less,
| on Main street, Is one hundred and thirty
two d3g feet moro or less in depth, and
Is bounded on the west by Main street, on
the south by q private alley, on the east
by a lot fOrmcrly conveyed by Mary l..
Dorsey to Adeline Fltchner, and on the
north by that part Of lot thlrty-elght C3Sl
north OF the northern wall OF the said
| three story brick house, on which real es-
tate II situate Is situated the premises
Nos. 1000, 1922 and 1924 Main street In said
clty OF Wheeling, IN trust, TO indemnify
and forever save harmless the said Henry
| Sneyer from ali loss and damage which
may nrise or shall accrue TO him, the Rqld
Henry SpeyCr, or to his heirs, executors,
administrators or assigns by reason OF his
being or becoming the accommodation en-,
dorsor upon any and all negotiable COM
merclal paper or papers OF n and every
| kind whatsoever for her, the said Hannah
EmphelmCr; to set aside said deed and
declare the said deed Of trust null and
void rs made with intent to delay. hinder
| mud dcfrnud the creditors Of the aald Han
nah EmahClmor as set forth In the bill In
| said cause, to which reference Y hereby
made, and to give u fictitious credit TO said
| Hannah Emshelmer, and because she was
ingolvont when said deed OF trust was
made, January n, 1877, and has so. con-
tInued ever since and IL still lnsolvent,
md because the said deed OF trust wns
mndo by her and her husband In an At.
tempt and as nm attempt TO prefer the said
| Henry Spoyor aH n creditor Of herself. n
10 secure and indemnify tho. said speyor
ms nm indorEer, according to tho tenor and
"erSet Of said deed OF trust, for debts 10
Tho exclusion of her other creditors, tho
gnld deed OF trust being therefore void as
10 Hnid preference and security, and tho
further object Of said suit IN that all proper
| ]nccnunta may he taken; that the said rcnl
estate may ho sold, tho proceeds dlstrlh.
tted under tho DEGREES Of said court, nnd
Tint the plaintiff may have such other
further and general relief az II may be on
titled TO IN the. case,
And Il appearing from an ntlldnylt filed
I'm pnld cause, nt these rules, that the do
fendnnt, The Pittsburgh Dry Goods Com.
many. n corporation, defendant, IN n non.
resident OF this state Of West Virginia, and
4 not hnylng been served with process In
| anid suit, on motion Of tho plnlnllr. by lts
attorneys, this order OF publication m On.
tered ~nifnlnat The Pittsburgh Dry Goods
Company, tho said nnnsrCHldent defcnd-
hni. nnd II IN ordered TINT the said de-.
fondnnt last above named, DO and Ia re-
anlred to appear within one month AFTER
tho date Of the first publication ~ this
| order and do whnt N necessary to protect
ltp lntprCplp. II IN further ordered that
thtN order hc pHbiIshed aHd posted rs ~.
uulrcd by law.
Wllncpa {. n. Hcnning, clerk N oIr said
court, az tho court house Of Hald county,
this 6th day Of october, 1891, to.wlt! DC.
q. H. HENNtNd Clork.
Published tho first time October Y, 1901
CALDWELL 4 CALDWELL
ocli-th Attorneys for Plaintiff
FNttig tNTELLiuTNCEp pptNTtNu