West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1901-10-31
In Equity.

nc i-qultdDlc rust 20. OF
Phila. Pa, a corporation.
plaintiff.
VS. In Equity.
Buckhorn Portland Cement
Co. corporation. and
others defendants
BY virtue of n decree pronounced and
entered in the above entitled cause on the
Ist day OF October. 1901. by the said Circuit
Court of the United States for the Northern
District OF West Virginia. the undersigned
VINO was by said decree appointed Special
Commissioner for the purpose. will on
Thursday, December 18TH, 1901,
between the hours of 10 a. m. and a D. m.
sen at pubic auction on the premises on
the East Side of Cheat River about two
miles north OF the town of Rowbsburg in
Portland District of the County of Preston
State OF West Virginia. all the property of
inc buckhorn Portland Cement Company
IN the bill and proceedings in said cause
mentioned and described that is to saw
all those two certain tracts of land, bounded
and described according to survey thereof
made by Julius X. Monroe Esquire. Civil
Engineer and Surveyor. at Kngwood
Preston county. West Virginia, July Ath
1899. and situate in the County Of Preston
In the State of West Virginia Being the
same land conveyed to the Buckhorn Port
land Cement Company by deed dated the
Ist day of Jolly, 1900. and of record i'm the
ofhce OF the Clerk of the County Court of
Preston county. Deed Book 3d. page lao and
accurately and specifically described and
set out by metes and bounds in certain
deed oil trust or indentuye of mortgage
made by the said defendant Buckhorn
portland Cement Company to the plaintiff
The Equitable Trust Company of the CITY
OIL fhliadeiphia' Pa, which is recorded in
the ONCE OF the Clerk of the County Court
OF Preston County. West Virginia in Deed
oil Trust Book 10. page IL. said deed of
trust or indenture of mortgage bearing date
me ISL DAY OF July 1909 together with all
ana singular the manufacturing plant
factories, Office buildings, shops sheds
stables, barns, scales. buildings. machinery
nNtures, tracks and engine houses of every
description whatsoever erected or con-
sWucted on the lands above described and
an the tools, implements, equipment and
other property used in and about the bust
ness and operations of the said defendant
Buckhorn Portland Cement Company, and
All OF the appurtenances whatsoever there
unto belonging, or i'm anywise appertainine
ana also together with certain corporate
rights and franchises of the defendant
Buckhorn Portland Cement Company all of
which are fully set out in the said deed of
rust or lndenture OF mortgage last named
put there is excepted and reserved from
TINS sale certain property of Edward Lupton
who has authority of the Court TO remove
the same from the premises: and the
property set out in the petitions of b. r.
SturteVant Company and the Good Roads
Machine Company, which is reserved from
this sale unless before the day of sale the
Court should hold il to be the property of
the Buckhorn Cement Company i'm which
event II will be included and sold And
the property of the Buckeye Engine Com
pany as set out in its petition is to be sold
separately and a separate account thereof
Kept. That is to say the said Commissioner
VIII sell all the property OF the Buckhorn
Poruand Cement Company OF every nature
whatsoever. with the exceptions and reser-
Vations made in that said decree of October
Ist. 1901.
The SAID tracts OF land are estimated to
contain about one thousand acres upon
which rs found the strata of cement pro-
ducing rock. The plant of the said Com
pany is situate on said land on the East
side OF Cheat River about two miles north
OF the town of Rowlcsburg in the District
county and State aforesaid. II is a large
modern plant (unhnished) equipped with
the best machinery for the manufacture of
cement. And Is on the line of the Cheat
Valley Railroad
TERMS OF SALE-Thc said decree
provides that the property shall be sold to
the highest responsible bidder for one
third OF the purchase price cash in hand on
DAY oil sale and the residue i'm two equal
installmcnts on credit Of six and twelve
months. taking from the purchaser interest
bearing notes with security to be approved
Dy The Court the legal title to said property
10 DC retained as further security until all
the purchase money is paid
MELVILLE ID. Post.
Special Commissioner
Melville ID. Post the above named Spe.
ciai commissioner has executed and filed a
pond with approved security In the penalty
OF two hundred thousand dollars as required
10y the decree in the foregoing cause
l.. B. DELLICKER
Clerk ". s. &. &.
Northern Dist w va.
D. 10 M. ~ 40 aa