Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1905-03-10
Commissioners Notice.

commissioner s NOuce.
TO all who may be concerned i'm the de
cree i'm this cause. rendered az February
Term, 1905, of the Circuit Court of TaZt-
well County.
}. L. Keil and others. COmplainants,
VS.. In Chancery,
Tri-State Mining and Manufacturing Co.,
ct ais, Defendants.
The following is an abstract of the
said decree prescribing the duties to be
performed by me as one of the Commits
] sioneTs in chancery of said Court.
Upon consideration whereof, the Court
doth adiudge, order and decree that J. II.
Stuart, one of the Commissioners i'm chan
Gerry OF this Court do take and state an &C
count in this cause, as follows:
l. lie will ascertain all debts OF every
kind whatsoever, now owing by the de
PENDANT, Tri.State Mining and Manufac-
turing Company. to any creditor which
was contracted 10y and owing by the said
defendant. Tri-State Mining and Manu-
featuring Company, prior to the time of
the appointment of the Receiver in this
2 case.
.. Said Commissioner will ascertain
and the date from which it shall bear in
terest.
4 3. lie will ascertain the character of
the debt, whether simple contract debt,
or ia the nature of lien, and how the
lien was created. and the date and priori-
ty OF the lien, and in making his report,
he will report the character and priority
of any liens in the order in which they
stand, and In what Court rendered and
/, when rendered. and how the lien was
contracted or acquired,
l. In so dOins-he will ascertain how
muck the defendant, rri-State Mining and
Manufacturing Company owes 10 the
cOmplainants under and by reason of the
deed OF trust which is set forth in the bills
in said cause and how much In said de-
z PENDANT Company is liable Cor under said
q deed of trust To the benehciaIes therein,
/ anS. fix the date of Interest on items that
may be secured 10y said deed of trust.
>. Said Commissioner will ascertain
I the Stockholders who now own and hold
5 stock in said Tri-State Mining and Man
: u;acturing Company, and the amount of
stock which each Stakeholder owns and
, holds.
g. And it appearing to the Codrt from
she bills in this cause that there are other
e chancery suits pending in this Court, as
Sertiug liens by way OF attachments, said
Commissioner is ordered to report, in as
4 certaining the priority of liens. the dale
Z of all liens claimed by attachments, or
otherwise, under said chancery CAUSES.
but said Commissioner is not authorized
to pass upon the validity or legality of
= any of said liens in his report but is
e authorized 10 report them as they appear
prima facie la each case, and in so doing
will report the styles of the causes which
: are pending and the character of the liens
6 asserted thereby, whether pending in
= this Court. or in any other Court in this
state.
2. Said Commissioner is required to
perform these duties before the May term
= of the Court, and as this suit now stands
for the parpose of selling al the assets
of the said defendant Company, said
Commissioners will ascertain and report
3 To this Court all the assets, real aud per-
! sonal which belong to the Tri-State Mir
ing and Manufacturing Company in the
State OF Virginia, and give accurate de-
scriptions of such assets; if it is real
] estate, whether it is in fee simple or
lease-hOld or held otherwise, anu so direct
his report as to give this Court accurate
. information of all the holdings and char
acter of the assets belonging to the de-
J. PENDANT Company.
Said Commissioner being also the Re-
ceiver in this caIse. Will submit a full
: report of all his acts and doings as such
Receiver; stating what assets are in his
[. hands, subject to the disposal of this
. Court, or that Will be subject TO the dis
n posal thereof at the next term (May) OF
this Court.
0. 1t is meant and intended by the ap-
pointment of the Commissioner in this
cause that everything be done that can be
done to prepare this cause for decree for
i the sale of the assets of the said defendant
d Company, so as the same may be applied
: to the payment of all debts that may APP
pear as subsisting before said Commits
sioner and said Commissioners will act
Il accordingly and report his acts to thi:
u Court.
a Notice is hereby given that have fixed
t at nv Office, Town of Tazewell, Virginia,
on the lst day of April, l9O5. as the time
and place for taking the account required.
will continue the taking thereof from
day to day until completed.
J.H. STU ART, Commissioner.