The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-10-21
LEGAL NOTICES.
ORDER OF PUBLICATION.

The State of West Virginia, Ohio County,
In the Circuit Court of Ohio County,
West Virginia. October rules. 1897,
Tho 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 to contribute TO the costs and ex.
penses Of the suit,
vs..
Hannah Emshelmer, Emanuel Emshelmer,
W. II. Frank, j. d. Ewing, trustee,
trustee. TSs Pittsburgh Dry Goods Com.
pepy, corporation, and the city Hank
OF Wheeling, corporation, defendants.
In Chancery.
Thu object okthis suit Is to SGT aside and
declare null and void certain deed Of
trust made by the said Hannah Emshelm-
airy q, 1897. to tho said Gustaye II. EN-.
sheimer, as trustee, Of the following de-
scribed property, that Is to say: All that
part OF lot thirty-elght $3.50 on Main street,
In the city OF Wheeling, In the state OF
West Virginia, on which is erected three
story brick house, and which part OF said
lot fronts forty-four az feet more or less,
on Main street, Is one hundred and thirty
Is bounded on the west by Main street, on
by a lot formerly conveyed by Mary l.,
Dorsey to Adeline F1tchner, and on the
north by that part of lot thrty-eight (9Sl
north OF the northern wall of the said
three story brick house, on which real es-
tato Is situate Is situated the premises
Nos. 1920. 1929 and 1924 Main street In said
city OF Wheeling, in trust, to indemnify
md forever save harmless the said Henry
Spoyer 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
merclal paper or papers OF any and every
kind whatsoever for her, tho said Hannah
Emsheimor; to set aside said deed and
declare the said deed of trust null and
void as 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, 10 which reference ia hereby
made and to give a fictitious credit to said
Hannah Emshelmer, and because abe was
made, January q, 1897, 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 az an attempt to prefer the said
Henry speyer az creditor Of herself and
TO secure and indemnify the sud Speyor
as an indorser, according to the tenor and
eject of said deed Of trust, for debts to
the exclusion OF her other creditors, the
TO said 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, tho proceeds dlstrib-
uted under the DEGREES OF said court. and
that tho plaintiff may have such other
further and general relief as It may be en-
titled to In the. case.
And It appearing from an aflldaylt filed
in mid cause, at these rules, that the de-
PENDANT, The Pittsburgh Dry Goods Com
pany, corporation, defendant. la n nom
resident OF this state OF West Virginia, and
II not having been served with process In
said suit. on motion OF tho 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 do
PENDANT last above named bo and Ia re-
durcd to appear within one month after
tho date Of the first publication Of this
order and do what is necessary 10 protect
lis interests II ls further ordered that
this order he published and posted as re-
quirod by law
witness G. II. HennlnE, clerk Of our said
court at the court house Of said county,
this 9Th day Of October, 1897, to-wit: Oc-
tober rules, 1897
c. II. HENNING, Clerk.
Published the tlrgt time October Il, 1901
Attest c, II. 1IENNlNG. Clerk
CALDWELL &c CALDWELL,
oci4.th Attorneys FOR Plaintiff.