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

Court OF the United States for the Northern
District oil West Virginia, the undersigned
who was by said decree appointed Special
Commissioner for the purpose. will on
Thursday, December 18th, 1901,
between the hours OF 10 a. IN. and q p. 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
I'm the bill and proceedings i'm said cause
mentioned and described. that is to say.
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. July 4th.
1900. and situate i'm 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
lst day of Jolly, 1899. and of record In the
office OF the Clerk of the County Court of
Preston county. Deed Book 81. page I3o and
accurately and specifically described and
set out by metcs and bounds i'm certain
deed OF trust or indenture of mortgage
made by the said defendant. Buckhorn
Portland Cement Company to the plaintiff.
The Equitable Trust Company of the City
OF Philadelphia, Pa. which is recorded i'm
the office OF the Clerk of the County Court
OF Preston County. West Virginia in Deed
oil trust Book 10, page ID, said deed of
trust or indenture of mortgage bearing date
the Ist day of July 1900 together with all
and singular the manufacturing plant
factories, Office buildings, shops, sheds
stables barns. scales. buildings. machinery.
hNtures tracks and engine houses of every
description whatsoever erected or con-
structed on the lands above described and
all 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 oil the appurtenances whatsoever. there
unto belonging. or in anywise appertaining
and 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
trust or indenture of mortgage last named
But there is excepted and reserved from
this sale certain property of Edward Lupton
who has authority of the Court to remove
the same from the premises; and the
property set out i'm 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. in which
event il 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 separate account thereof
kept. That is to say the said Commissioner
VIII sell all the property of the Buckhorn
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 is 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. IL 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-The 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 of sale and the residue In two equal
instruments ON credit OF six and twelve
months, taking from the purchaser interest
bearing notes with security to be approved
by the Court the legal title to said property
to be retained as further security until all
the purchase money is paid
MELVILLE ID. Post.
Special Commissioner.
Melville ID. Post. the above named Spe-
| cial Commissioner has executed and filed a
| bond with approved security in the penalty
| OF two hundred thousand dollars as required
by the decree in the foregoing cause.
J.. B, DELLICKER.
Clerk u. s. e.. G..
Northern Dist. w. Va.