The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-01-27

"
q. lee Burchinal plainti1 rs. Ben1a:
min q. Williams schmuIbach Brew
ing COMPANY q corporation, 8. Ne
yoyes, trustee The Bank Of Fair
mont. q corporation and Charles
Powell, trustee, defendants! In
chancery
TO the above named parties; plainhh
and defendants, and all others in,
terestel:: t4s
You and each Of you will take no
tice that on the 19th day Of February,
1906, at my Office, in the city Of Fair
mont, Marion county, and State Of
West Virginia, j will proceed to exc.
cute the decree rendered in the above
entitled cause by the Circuit Court
If Marion county on January 12, 1905,
when AMI where you ana each Of you
are required to attend with such
Books, papers. vouchers, and evidence
as will enable me to comply with said
order Of court, and to do whatsoever
may be necessary to protect your in.
terests in the premises. The follow;
ing Is an extract from said decree,
showing what is required Of said com,
II
missioner.
Upon consideration Of all which is
adjudged, ordered and decreed that
this cause be and the same is referred
to Thomas N. Parks, one Of the com,
missioners in chancery of this court,
to take. state ana report an account
showing,
First. Whether the claim set forth
in the plaintiffs bill, or any part OF
said claim, is or is not mechanics
lien upon and against the said lot or
parcel of land in the bill described as
lot number fifty-two (52) in the plat
Of the City Of Fairmont, Marion coun'
ty, West Virginia; and whether the
said lot or parcel of land designated
as said lot number flfty-two t52) is
owned by the said defendant, Benja'
min G, Williams, and If 50 by what
title the said Williams owns and holds
1 4
said lot aforesaid.
second. The liens upon said real
estate. by whom held, their respective
amounts and priorities.
Third. Whether said real estate will
lin five (5) years rent for a sufficient
sum to pay of and discharge said lien
and the costs of this suit,
Fourth And such other matters as
any party in interest may require. the
same being pertinent, or such other
matters as said commissioner himself
may deem pertinent whether SO re,
quired or not.
But before proceeding to take SAID
account, the said commissioner shall
publish the notice to lien holders as
!required by chapter 1879, section !,
of tile, Code Of West Virginia; and the
said commissioner shall give notice to
lau the parties to this suit Of the time
and place Of taking the said account
by publication thereof for once a
week for four weeks in some news
paper published in this county, or by
personal service Of such notice on
the parties or their counsel.
| And what that said commissioner
shall do under this decree he shall
report to the next term of this court,
until which time this cause is con-
tinued,
And leave is given to the plaintiti
to file a general replication in said
Clerks office within Ave (5) days al
Tier fling Of the answer of the said
lwilllams and schmulbach Brewing
Company or either of them, as above
provided, and. said commissioner
Parks is directed to consider any such
answer If filed or any general repli'
cation thereto in executing this order
1 #
81 reference.
Given under my hand this the 27th
day Of January, 1906.
THOMAS N. PARKS.
Commissioner in Chancery'