West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1901-10-17


CIRCUIT Court OF THE UNITED STATES
FOR THE NORTHERN DISTRICT OF WEST
VIRGINIA.
The Equitable Trust Co of
Phila. Pa, corporation.
plaintiff.
VS. In Equity.
Buckhorn Portland Cement
Co. a corporation, and
others, defendants
BY virtue of decree pronounced and
entered in the above entitled cause on the
Ist day ofOctober, 1901, by the said Circuit
Sourt oil the United States for the Northern
District OF West Virginia. the undersigned
who was by said decree appointed a Special
commissioner for the purpose. will on
Thursday, December 18TH, 1901,
between the hours of 10 a. m. and a d. m.
sell at public auction on the premises on
the East Side Of Cheat River about two
miles north of the town of Rowlesburg in
PORTLAND District of the County of Preston
State of West Virginia all the property Of
the 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 a survey thereof
made by julius X, Monroe. Esquire Civil
Engineer and Surveyor at Kingwood
Preston county, West Virginia Iuly Ath
1899, and situate in the County Of Preston
IN the state OF West Virginia. Being the
ihhN conveyed 10 the BuCknOfn Port
land Cement Company by deed dated the
Isl day OF Jolly, 1899. aud of record in the
ONCE OF the Clerk OF the County Court of
preston county Deed Book 81. page 100 and
accurately and specifically described and
set out by metcs and bounds in certain
deed OF trust or indenture OF mortgage
made by the said defendant BuckhoTn
Portland Cement Company. to the plaintiff
ne Equitable Trust Company of the City
oil Philadelphia, Pa, which is recorded i'm
the office of the Clerk OF the County Court
OF Preston County, West Virginia i'm Deed
OF trust Book 10, page a. said deed of
trust or indenture of mortgage bearing date
the ISt day of Iuy 1900 together with all
ana singular the manufacturing plant
factories, Office buildings, shops. sheds
stables, barns scales. buildings machinery
hHtures, tracks and engine houses of every
description whatsoever erected or con
structed 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 appurtenanCcs whatsoever there
unto belonging or in anywise appertaining
ana also together with certain corporate
| rights and franchises of the defendant
Buckhorn Portland Cement Company, all Of
Whlch arc July set out I'm the said deed of
| trust or indcnturc of mortgage last named
But there is excepted and reserved from
| Tbs sale certain property of Edward Lupton
VINO has authority of the Court TO remove
| the same from the premises; and the
/ property set out In the petitions of b. +
Sturtevant Company and tile 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 IL will be included and sold And
/ the property OF the Buckeye Engine Com
/ pany as set out IN It's petition Is to be sold
| separately and separate account thereof
Kept That IS to say the said Commissioner
/ VIII sell all the property Of the Buckhorn
| foitl'nd cement Company Of every nature
| whatsoever, with the exceptions and rcscr.
Vatons made 100 that said decree Of October
| fst 1901.
The SAID tracts Of land are estimated to
| contain about one thousand acres upon
/ which is found the strata Of cement bro
| ducing rock The plant Of tho said Com.
| pany IS situate on said land on the East
/ sidc OF Chcat River about two miles north
/ on the town OF Rowlcsburg iu the District
/ County and State aforesaid tits a large
1 modern plant (unhniqhcdJ equipped with
/ the best machinery for the manufacture Of
! cement And Is on the line Of the Cheat
/ Valley Railroad
/ TERMS or SALE-Thc said decree
i provides that the property shall be sold 10
/ thc highcst responsible bidder for one
/ third OF Che purchase price cash in hand on
/ day OF sale and the residue in two equal
/ mstallmcnis on n credit Of six and twelve
/ months taking from The purchaser interest
1 bearing notes with security to be approved
/ by the Court. The legal title to said property
! to be retained AS q further security until an
/ the purchase money is paid
MELVILLE - Post
/ Special Commissioner
Melville - Post the above named Spo
/ cal Commissioner has executed and fled
/ bond with approved security in the penalty
I 81 two hundred thousand dollars as required
I by The decree in the foregoing cause
T.. B. DELLICRER
Clerk q S G. G
I Northern Diet ~ Va