Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1899-03-09

Albert a. Franzhem, administrator OF
Matthias Schuetzuer, deceased, August
Schuetzner and Mary Schuetzner, his
wife, Charles Holman and Annie Hot
mann his wife, Louise Scharenherger
and III. H. Scharenberger, her husband.
and Marie ii. Schuet2ner, widow OF the
late Matthias Schuetzner' deceased, de-
IN CHANCERY.
The general object of the above mem
toned suit IS to subject the real estate
or Matthias ShuetZner. deceased, who died
intestaJe and domcued in ONO county,
West Virginia 10 the payment OF hs
debts, on the ground that his personal
estate is insufficient Tor the payment OF
said debts. The said corporation plain
tiff, the Bank of the ONO Valley, is a
creditor of Matthias Schuetzner. deceased,
10 the amount OF principal, interest on
SAID principal, costs 81 protests ana IN
terest on said costs OF protests, of two
notes, each OF which Is signed by Charles
HoImann and payable TO the order OF NJ.
Schuetzner, under and by the name OF NJ.
SChuetzner, one OF said notes for tho
principal sum of six hundred dollars is
dated at Wheeling. w. Va, January 9th,
1854 negotiable and payable at the Bank
OF the Ohio Valley, for value received,
ninety days after the date thereof indurs-
and 5y The NAM ,'t OF N, SShgetaner In his
life time, and delivered to the plaintiI,
which - now the owner and holder there
OF, and protested on the ID day Of May,
1884, for uouplymcnt, COSTS OF protest, ~ y,
ana the otner OF sad notes Is for the
principal sum OF seven hundred dollars,
dated at Wheeling, ". Va, February "a,
1884 negotiable and payable at the Bank
of the Ohio Valley, for value received,
sixty days after the date thereof. indorsed
by the said M. SchuctZner. under and by
the name OF NJ. SchuotZner, in his lifetime.
and delivered ~ the paintlm which is
now the owner and holder OF the last
mentioned note, and protested on tho 9Th
day of April, 1891, for non-payment costs
of protest, SLl2.
And the plaintiff, the Bank of the Ohio
Valley, further seeks by this suit and
therein, to obtain payment 81 said notes
and costs of protests, and interest on said
notes and costs of protests, until paid,
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 have made out
of the personal estate, II any, Of the
said Matthias Schuetzner. deceased. ana
out Of the proceeds OF his real estate,
which the plaintiff prays IN said suit may
be sold TO pay his debts.
The location and quantity of the land
asked TO be sold ana subjected to tho
payment Of the debts Of the said Matthias
thirty-three 60 and thlrty-four C1D, IN
'Steeprod s addition to tho town of Full
ton on the Turnpike Road east OF Wheel
ing i'm Ohio county, West Virginia, Of
which said lots the sad NJ. SChuctzner
died seized and possessed. being the owner
thereof in fee simple, and the names or
the persons whose estates IN said iots are
intended to be affected by this suit and
proce edings therein. the said persons be-
ing the children and all Of the heirs aud
distributes Of the said " Schuetzner.
deceased. and the husbands and wives 81
those who arc married, are August
Schuetzuer and Mary Schuetzncr, his
wife Annie Holman and Charles Hof-
mann, her husband, Louise Scharenbergcr
and n. II ScharCuberRer, her husband,
and Marie ScbuelZner, widow Of the said
Matthias Schuetzuer. deceased.
And il appearing from an affidavit fled
by George II Caldwell, q credible person,
In said cause az these riiieg. that ths
defendants Louise Scharcnberger and ".
H. Scharenberger. her husband, are nom
residents OF this State. And the said
Loutse SChareuberger and II II. Schar-
enbergcr. her husband, not having been
served with process OF summons In this
suit and having been returned as nom
~. on motion OF the complainant, order
Of said publication In gaid suit II entered
against them, and II IL ordered that the
said defendants Louise Scharenberger ard
II H. scharenberger. her husband, be and
they are hereby required 70 appear within
one month after the date y the first pub
LEGATION OF this order. (Which said first
notification Is now made on the 9th day
Of March. a y. 1900. and do what n nec-
essary TO protect their interests. and that
this order shall be published and posted
as required by law.
witness. c. II Henning. clerk Of our
said court at the court house OF said
1880. to-wft: At March Rules. 80
6. II. 1IESEIECi,
Clerk og Said Court
Published the first time March 9TH $50.
C. r. HE&&IEG.
Clerk 81 Said Court.
CALDWELL & CALDWELL
Attorneys for Plaintiff. mheoawt