The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1904-08-05

John I1oblegard and Burton N. Des-4
pard expected to sell the Traders
hotel property Thursday by virtue
OF deed of trust made to
them as trustees and ]. Philip
Clifford, now deceased, by the Traders
Company, bearing date January 20, 1895
of record in the proper office of Harri' |
son county, West Virginia, in Deed o /
Trust Book IL beginning on Page s45 /
to secure payment to the holders of GER
tain bonds, sixty t6Ol in number, Sc
cured by said deed OF trust, each for the
sum of five hundred t5oO) dollars, bear,
ing date January 20, 1895, and payable
January 90, 1915. with interest thereon
at six per centum, payable semi-annu-
ally, beginning on July 20, 1895, which
deed of trust, among other things, pro.
vides that upon default being made in
the payment of interest upon any of
said bonds, the entire amount of all
bonds issued or sold under said deed of
trust shall at once become due and pay
able, and which trust further provides
that upon such default being made and
such default continuing for the period
of sixty days thereafter, any holder OF
such bonds, or any of them. may require
the said trustees to arake sale, OF the
property secured thereby, upon giving
the notice OF sale required by the terms
of said deed of trust. and
Whereas. default was made by said
Traders Company on the Goth day of
january, 1904, in the payment of inter
est due upon twenty-fon t24l of said
bonds held By the Traders National Bank |
Of Clarisburg, West virginin, payment
-of such interest having been demanded
and said default having continued for
the period Of sixty days from and after
the date of said demand, and said Trad :
ers National Bank having requested and
required the undersigned rs surviving
trustees, by notice in writlng. to sell the
property secured by said deed of trust !
Therefore, the undersigned. rs surviv- !
ing trustees, thereby gave notice
that they would on the fourth
day OF August. 1904. at the hour
Of 90 O'clock in the afternoon. at the
front door Of the court house of said
county, sell the unexpired term or lease,
hold estate, being forty-one (4l) year,
vet to run from the Goth day OF Janu- !
airy, 1905. in and unto that certain lot (.
or parcel Of land. with the buildings
fbefcon.. situated at the southeast cor
ner OF Main and Third STREETS, in the city
OF clarllsburg.
But they did not offer the property for
sale. for the reason that they were serv- /
ed with notices early Thursday morning !
by United States Deputy Marshal Dan
r. Jackson of a restraining order grant
ed BY Judge Jonn j. Jackson, of the
United States court in Parkersburg, on
Wednesday. The injunction was grant
led TO Marcenus II. Briggs, one of the
bond holders and the copy of the notice
served ON the trustees Is as follows:
aThis day came the plaintiff and af
ter having filed his bill presented the
samesto the court, praying returning
order and the appointment OF a tempo. |
rary receiver to take the property into
custody, and it appearing from the said
IN that the prayer for n restraining or |
der and receiver ought to be granted, it
!, Is therefore ordered that tho trustees,
John Koblegard and Burton N. Despard,
be Si,ef are hereby restrained from max
ia pric Of the property under the mort
lor deed of trust mentioned in said
lioii. on the 4th day of August, 1904. and
from exercising any control over said
property and from attempting to
make. any sale OF said property
lat any future date. And fori
the purpose 1 preserving said prof9
erty pendinS psis litigation Haymond
Maxwell is fnted receiver for ali
the property Is the Traders Company,
with tie usual authority Of suci receiver.
aszd al persons are restrained from at
tempting q seize any Of the property