The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1904-08-04

John Koblegard and Burton NJ. Des-
pard expected to sell the Traders
hotel property Thursday by virtue
OF deed of trust made to
them as trustees and j. Philip
Clifford, now deceased, by the Traders
Company, bearing date January 20, 1905
OF record in the proper Office of Harri
son county, West Virginia, in Deed
Trust Book 'tL,'' beginning on Page 345
to secure payment to the holders of ser
tain bonds, sixty t6Ol in number, Sc
cured by said deed Of trust, each for the
sum OF five hundred 5000 dollars, bear
ing date january 20, 1895, and payable
january 20, 1915, with interest thereon
at six per centum, payable semi-annu-
ally, beginning on July %, 1925, 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 q
such bonds or any of them. may require
the said trustees to. mike 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 2oth day Of
January, 1901, in the payment of inter
est due upon twenty (2fl Of said
bonds held by the Traders National Bank
Of Clarksburg, West Virginia, 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 fequested and
required the undersigned rs surviving
trustees, by notice in writing, to sell the
property secured by said deed Of trust
Therefore. the undersigned, as surviv'
ing trustees. thereby gave notice
that they would on the fourth
day Of August 1901. ut 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 t4l) years
vet to run from the goth day of Janu.
airy. 1904, in and unto that certain lot
or parcel of land. with the buildings
thereon. situated at the southeast cor.
ncr of Main and Third strets, in the city
OF Clarlsburg.
But they did not offer the property for
sale. for the reason that they We're serv-
cd with notices carly Thursday morning
by United States Deputy Marshal Dan
Il. jackson Of q. restraining order grant
cd by Judge John J. Jackson. of the
United States court in Parkcrsburg, on
"Wednesday. The injunction was grant,
cd to AIarcenus II. Briggs, one Of the
bond holders and the copy of the notice
served on the trustees IS follows:
sThis day came the plaintiff and af
ter having filed his bill presented the
same to the court. praying a restraining
order and the appointment Of tempo.
rary receiver to take tine property into
custody, and it appearing from the said
bill that the prayer for restraining or
dssNand receiver ought to be granted, It
iRs refore ordered that the trustees
Jof ,loblegard and Burton NJ. DesPard
L nd arc hereby restrained from max
ii& sale of the property under the mort.
gage or decd of trust mentioned in said
hill, on the 18th day of August. 1901, and
from exercising any control over said
property and from attempting tc
make any sale Of said property
at any future date. And fol
the purpose of preserving said prop
erty pending this litigation Haymone
Maxwell is appointed receiver for 81
the property to the Traders Company
with the usual authority Of such receiycr
and ali persons arc restrained from at
tempting to seize any of the property