Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1901-08-10
BEFORE CIRCUIT COURT.
rwPoRTANT BUSINESS TRANSACTED
AT THEsPEcrAL TERM YESTERDAY
Action Practically EltmfnasfnE th.
Kiibonrn and MiddIesex Knisting
Companies from the Il u. q l..
Association case.

GAAAAtt S1NAt W It's SHtIlaA HSSNAots
Tuesday was the report of Young
and Nadenbousch, trustees of the
Improvement, Building and Loan
Association, showing what had been
done by them since the last term
The report shows that they are
progressing rapidly toward final
settlement Il the affairs of the Assoc
citation.
The Kilbourn Knitting Machine
Company has paid the balance due
tat, $40, 500. 81, according to the report
heretofore published, and MIR. Kill
bourn paid $4,000 in settlement of the
debt owing by the MIddlesex Knitting
Compan Y as a compromise.
| No one offered anv objections and the
trustees were authorized to accept their
terms and to execute 10 the kilhourn
Knitting Machine Company deed for
the property held by the Association
as securities and ais execute to Il. II.
| Kilbourn the deed for the property
held bv the Association AS Sc curities
for the Middlesex Knitting Com
pany's debt. The money was paid
according to the order of the court
Distribution was also made of these
ant other sums in the trustees hands
and / paid 81 per cent. of the balance
due ON the debts other than that of
the stockholders. This leaves only
about $500 unpaid of the Improvement
Building and Loan Association s
debt
The Kilbourn and Middlesex Com
panies are now practically eliminated
from the suit now pending for the
liquidation of the Building Associa
tion.
The other business transacted fol-
lows:
Faulkner's Adms. VS.. Sallie. P. +.
Pierce and others, decree retiring
cause from the docket.
@. J. Faulkner's executors VS.. Mary
w. Faulkner, ct al, decree confirming
report OF executors and placing cause
on the deferred docket.
National Bank of Martinsburg vs..
| Asahel and S. M. Van Metre, decree
confirming sales Of real estate and dis
trlbuting the proceeds thereof.
The following decree was entered
by J. NJ Woods, special Judge. G..
H. Courtney and others VS.. Jacob
Wisner and others. exceptions to COM
missoner's report overruled and judge
ment for the sum of $54.0l due from
Jacob Wisner and l.. A. Luce to A.
q. Wynkoof bonded commissioner, and
the sum of $ll63. 9S due from J. X.
Wisner to said bonded commissioner.
Court adjourned until Thursday
morning at 8 80 o'clock.
The Circuit Court of Berkeley
County held another session Thursday.
Hon. Il. Boyd Faulkner presiding, at
which the following business was
transacted:
The Citizens National Bank VS.. Il.
E Tebo and others, decree confirm
ing sale of defendants real estate to
w. B. Lindsay and distributing pro-
ceeds.
Jas. H. Smith. administrator VS..
Mahala Simpson and others, decree
confirming sale of real estate to j. r.
Clifford and making distribution OF
| the fund.
Citizens National Bank VS.. G.. r.
Frankinberry and others, decree on
firming sale Of real estate to Rose M.
Frankinberry and May Rinter. and
distributing proceeds of sale.
Peoples National Bank VS. Elizabeth
Trussel and others. In this case a
judgement was obtained in 1897
against w. +. Tebo which became
lien upon real estate sold by him to
Elizabeth Trussel Tebo filed his
petition in bankruptcy and recently
obtained his discharge, and under
that charge claimed his release from
this debt. The discharge releasing
him from his personal liability did
not affect the lien upon the real estate
and the Court so determined and re-
ferred the case to commissioner to
and it the lein against the real estate
of Mrs. Trussel, recognizing Tebo as
discharged from any personal liability
National Bank of Martinsburg vs..
G. A. Means ct al. In this case the
property was knocke cd down to John
Yarlott at pubic sale. Yarlott failed
to comply, commissioners reported
the fact to the Court, rule was issued
against him to show cause why there
should not be a sale Of the property
and holding him for any deficiency,
etc The property was resold at an
advanced price, upwards Of $500. Var
lott then filed his petition for a re-
hearing to decree that had been en-