West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1899-02-02

boa' D p'uteriS Hrn' toned ic s. 49, scledu,es. or
rather toaa cot iAe son.. as th. prices f.r
which h properly was So q afaoGnt 60 the
iue f"'n- ao Tar tyl - g. @ st is ., nc. rael
Your r'-p Ohdcnis here submit that ther, ,ou'd
d. ho ,0ltssofti3a 20 IS ia ps ~ "a vroaeiiy. ~
tacrc wss nr provision in SID .5rst empower.
iog respondents - appropriate or oO ge.it,
said progeny ior anl illb BE- use whts .e,rr
You spohl nfi Tor hei aiit... that slHi ser
spl.i pro fr,, cert .i'ly was uot sl.d ns a
'-lrpssls in' dcIHairT price. as aii. i-.I ia slia
bin %; epinplh. as the ~ e. ~ s.i. -lua .ir-
greeacf something over 5 800. when ihe
plainlin, pr.or 20 SAG cErra'i1n II .t'l trust,
stated. un rasa siciua olfn.lDttt wentworth
but .-+t's t1. . uintn has 9lNays c,llncd
90 Dee e ru hfuI man.
} Ger responder lerr mat p'rfs'ln's house,
h,'i 80 as rrrc NHail more 60 . Is . ui the
time nf tb sale o. that they wtsc -s,r ae.d 40
s.it saie your res l0ndeul- a.l-se tha. aud
goo t"nH ff. % a soap 1.f, ii, several pl..es
a e. .ai-,i-j lie iH q ore. uri-lut ua Jugs.
noth-,1teu carpets ana bedding. soalr. iia, "a
ware, an1o b'l aril.ie. . grs &C. 1,. i.,ssya,u
which hd been lrf' ga ga uaussI ANA ne
elected -fate IA ;hr .f1u 90 br..i. hous, since
ihe yea 1851, ana y0ur responder here aIicgc
tlti iH many Ia lirch u-r les uiougIs iar
more thcu ihcir yaiuc. .nd that sal property
os whole ~ w. aud aoJ 40 grossly mad
eqIltc price.
your respondents deny positIvI, ana en-
+ PR rpl'y ht thcrr Nas coiuu nation o
understand ng berwcen chem and The saii m.
( a. Brown aht ofler pc. sous bi1Glng at said
saie as allfg ir s ia b.l OF cou9 int
lp4r rsaHricuss also deny inr following
allegation 10 sid o.li OK cOup..!Ht, t,-yit;
( lyon 0-1'-gherc * itess.y allcg IS ana charges
it'iu elton hit Ioings %, the said L.ruy
shnF ruI LenJ} ~ i'to'. UV3 j. ST. ctu.cd
% b. sacrificed Your orators properly, whcu 10
W.s their @u'y as Su ia trustees TO get ,ha SO
price i'ssbe Tor saia property rather IN IN
prtidptc ia q conaplrac, hy which dd prop-
erty would 20 10 the bcncnt o.; oniy one or MS
creditors, to-wit the said Win. G. Brown"
Your respondents here allegc that they per-
tpImrd ineir duties AS trustees ~ the eN.eut OF
their abby; that they Gid NOT tciHce pllint-
in property, aud That they never had rs much
as single inst1nts conversation with tie q I'D
Wm. Brown, norany other pc son or PERSONS
which might by any possible construction be
construed as AGAINST the interests OF the siid
plaintiff, James A. Brown. The 8 % allegation
Is rs untrue as it Is unwauantcd ana linklnd
Your respondents deny that the real and per
soual estate of the said plaintiff was worth, az
ihe daie Of his g neral assignment, at least
*250Ol, as alleged in said bill and IN support OF
TINS denial here nlc the certificate OF Geo.
Walls, Cicrk OF the ounty court OF Preston
county, marked cxhiblt ''B" showing that the
totil valuation Of al the real estate owned by
t!5 said p:ontn at Tile time ~ hs general as-
sgHment was t6,G95', which added to what
the said plainrin, 81 the Ilst assessment o.
| pcIsopHl properly WAS worth, TO vii St5n
gives the aggregate value Ct his real aud prr-
snd estate at s'1z0.5O, n.atnS dmc,,nce OF
.i3,bjLJ0
Your respond nts deny that they sod Tho
pers mi pr"p Tty or credit oi EIGHT months,
rs alaged In said bn OF complaint Resp3n.
dents here alcge that tie said property wa
sold upon r. credit OF nine months. ass provided
I'm 81 a trust; nd res. Ondeuis HI. ltcstly ur.
priscd TO know that glle platut.m would max.
such "a allegation for The purp ST. OF attemp,
Ing 20 show llat respondents rurposely shor.
tened The period u dit proyIatd los ia said
trust n orier that tue personal property would
thfeb! bring les money, aEG thus reduce the,t
own con9cus .tlon as trustees.
Your res ondents admit HAT they have no;
distributed any OF the p.o ceds, arising from
the sale Of said properly. among The cr, dhuts.
k spol-eDi5 aIcsc thu they Lev- good Md
suili-ieut reasons i1r rot innklnv any DIST, iuu
ton, 40 vii: The "a ,.s;, "a s.aiAg on,
Plaintiff 9 ind"b' e'rrss, in most Instances n
s.eld r giving definite auouut IN dollars
aid cents, by wht.h re 10 don't, could Dr
guided as trustees woud say e.tbJ1t s2Y'os
"~hou Sj,W0h the cas-, IN ghi b.. Hpsp1nd-
enis eadoayred TO 3s'egjlin she pr.cl.s suu $
dua ihe several cred. ors named IN 5 ID trus
but found 70 ilnpos sire iodo so. Ia som !n-
atfnc,a oieiii ots claimed m1ie than the graz
tor 'fs Brown wOu,d admit Ec owed thrm
ana 10 ciher in-t1n- az cr."iiiCr, go5 10 sYrdsy
inc among themselves. Arrc WAS notaIug icr,
ior your i,spondauts 90 40 but ne a uiii in
chNHtely iu Your Ioapfs cour5 asking r
equitable $50 in t'c cons. ructlon and enforce
meet OF sad trust, as our supreme Court OF
Arp,ais las time and ag in decided en- be
done; thal she matter be- rcierred toa c0mmiss
ioner IN chanceJ TO ascertain and report all
me debts OF the said mes A. Brown. etc
az d 'or q decrce directing proper d.s.rlbution
the fInd among the cred TOYS of the said
Brown 10 thc ming Of such a. bin the SAID
hrown.consente1 bat at the ensuing term OF
Your honors court he nad "mployed counsel 10
d"muf 10 the BIZ, which was done and for
ne tsons app rcntly satisfactory go your Honor
the demurrer was Sustained and The slid bin
dismiss d. oar r spondcuis AZ In a tempted
To ascertain The precise sums due the editors
| respectively ana Thought hey were about 10
reach su ~ SUIT when the plaiatim, Jamt s
4. Brown, objected TO Your respondents allow
ing VIM q. Brown compound interest on a
bond executed by plaintiff TO him as guardian
OF one Guy Brown. The said VIM Brown.
guardian, etc, demanded that the debt due
him, as such guardian. be asceTtained by com
yldcd by the code OF West Virginia About this
lime notice was served on your respondents by
Joseph feutac.. administrator o. Jacob
f'aiier' deceased, re srdra bis ci1lm on the
pa.niin Tor 81 @, money collected by The snid
plaintiff james q. Brown I'm his oniclM capacity
as So cim Conmi.s lOicT I'M tic thanccty cause
Of Feliher vs. Herring, aud app opriated To- his
owo use. a copy OF said notice is hereby flied
as part hciopfmuEci exhibit "t." These
parties afterwards, ON tbc nth day Of July
| 1888 agreed upon specific sum There stUt
/ remained The gu siiOu Of bow much Should be-
paid Wlu. G. Brown, as guardian OF Guy Brown.
said guardian symg thot II your respondents
ga mot comply win bis deinond as 90 com
pound interest Doc would sue them. ana other
creditors styling they would sue resp ondeuts
81 they complied with She said d,tnaud or
thc said guardian. Thus your respondents
were practically "bctwceu the dovl and the
deep soa' Abou. thls time your respondents
wer con fonfrI r.h summon, 90 answer me
Old in thIs ctl-c, whitn the5 now here have
cnoc''ortd to d0 your respondents move ai-
IS expressed Willingness ond ouziety TO
ds."fa' srt WHGe ts soon n8 Cine creditors