Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-17

In the Circuit Court of Ohio County.
West Virginia, March Rules. 1859.
which sues on behalf of itself and the
other creditors of Matthias Schuetzner,
deceased, plaintiffs,
versus
Albert A. Franzheim, administrator Of
Matthias Schuetzner, deceased, August
Schuetzner. and Mary Schuetzner, his
wife, Charles Hofmann and Annie Hof-
mann, his wife, Louise Scharenberger
and Marie H. Schuetzner, widow of the
late, Matthias Schuetzner, deceased de-
PENDANTS.
IN CHANCERY.
The general object of the above men
toned suit is to subject the real estate
of Matthias Shuetzner. deceased, who died
intestate and domiciled in Ohio county,
West Virginia, to the payment of his
debts, on the ground that his personal
estate is insufficient for the payment of
said debts. The said corporation plain,
creditor of Matthias schuetzner, deceased,
to the amount of principal, interest on
said principal, costs OF protests and IN
notes, each of which is signed by Charles
Hofmann and payable to the order OF NJ
Schuetzner under and by the name OF NJ
principal sum of six hundred dollars is
dated at Wheeling, W. Va, January 18th,
1894, negotiable and payable at the Bank
ney days So afer fe dafe hereo ndora
ed by the said Matthias Schuetzner, under
and by the name of M. SchuetZner, IN his
life time, and delivered to the plaintiff,
which is now the owner and holder there
of, and protested on the I'd day of May,
1894, for nonpayment costs Of protest st.l2,
ana the. other of said notes is for the
principal sum of seven hundred dollars,
dated at Wheeling, W. Va, February I'd,
1894, negotiable and payable at the Bank
of the Ohio. Valley, for value. received,
sixty days after the date thereof, Endorsed
by the said N. Schuetzner. under and by
the name OF NJ. Schuetzner, in his lifetime,
and delivered to the plaintiff. which is
mentioned note, and protested on the 9th
day of April, 1894, for non-payment, costs
OF protest, SLIP
And the plaintiff. the Bank of the Ohio
Valley, further seeks by this suit and
therein, to obtain payment of said notes
and costs of protests, and interest on said
which notes, interest thereon, costs of
protests, and interest thereon, are all due
and wholly unpaid, and which payment
the said suit is brought to nave made out
of the personal estate, if any, Of the
said Matthias Schuetzner, deceased, and
out of the proceeds Of his real estate.
which the plaintiff prays in said suit may
he sold TO pay his debts.
The location and quantity of the land
asked to be so sold and subjected to the
schuetzner, deceased, is lots numbered
thirty-three (33> and thirty-four $50, in
Steenrod's addition to the town of Full
ing, in Ohio county, West Virginia, of
which said lots the sad NJ. Schuetzner
died seized and possessed. being the owner
thereof in fee simple, and the names of
the persons whose estates IN said lots are
intended to be affected by this suit and
proceedings therein, the said persons be-
ing the children and all of the heirs and
distributes of the said NJ. Schuetzner.
deceased, and the husbands and wives OF
those who are married, are August
schuetzner and Mary schuetzner, his
yui Charles
mann. her husband, Louise scharenberger
and H. II. Scharenberger, her husband,
and Marie Schuetzner. widow Of the said
Matthias Schuetzner. deceased;
by George B. Caldwell. a credible person,
in said cause at these rules, that the
defendants, Louise scnarenbergar and H.
residents OF this State. And the said
Louise Scharenberger and H. H. Schar
enberger. her husband not having been
suit. and having been returned as non
residents by the sheriff of said Ohio coun-
~, on motion Of the complainant, an order
OF said publication IN II said suit is entered
said defendants, Louise Scharenberger and
H. H. Scharenberger. her husband, be and
they are hereby required to appear within
one month after the date of the first pub
LEGATION Of this order, (Which said first
publication is now made on the 9Th day
of March. A. D. 1850, and do what is nee
essary to protect their interests, and thai
this order shall be published and posted
as required by law.
Witness, c. H. Henning clerk of cur
said court at the court house Of said
1857 'o-"''' " M &, Il. HENSING.
Clerk Of Said Court
Published the first time March 9TH. 1899
Clerk of Said Court.
CALDWELL 6 cALDWELL:..