The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-09-29

80, 1905. recorded In Deed Book az.
lpage 1856 and other deed.
The names of The parties r per
sons whose estate in said property is
intended to be affected by the afore,
said suit areoDuncan Sinclair, Harry
c. Trexler. Al +: Gerstell and Arnold
Sinclair
The bill also states that 1t Sinclair
has sold all Of said property to the
Defendants Harry G. Trexler andfA r.
Gerstell at the price of two dollars
per thousand feet( which was the
price at which 1t was agreed between
the plaintiff and Duncan Sinclair it
should be soldl the plaintiff is en-
Titled to the said sum Of $4,000, and
to one-fourth of the net profits on
said entire transaction, but said net
fprohts can only be arrived at by a
settlement Of all Of said transactions
between the plaintiff and Sinclair in
which settlement the costs of the prop
erty which cannot now be definitely ar
rived at as different tracts cost diner
ent prices, and the costs of surveying
and getting each tract into marketable
shape varies, but all Of which can be
arrived at definitely by the court or
one OF its commissioners. And when
the first, cost of said property has been
ascertained and the timber on said
property has been estimated and the
number of feet thereof determined,
1.-THE net amount OF profits Will then
have been arrived atty to which the
said Darnan 1T entitled to the one
fourth in accordance with said agree
ment. But If said Sinclair has placed
one undivided half OF said property in
the name of said Gerstell by virtue OF
his deed to. Trexler and Gerstell, then
the plaintiff has an interest in the one
undivided half Of said property to the
extent of two thousand dollars and to
one.fourth interest therein subject to
his proportion of the expenses attend
ing upon said enterprises by virtue
of said contract providing that he
should have one.fourth OF all the net
profits of every kind and character
arising from said sale or transaction
mo part of said sum of $4,000, or Of
his share of said net profits having,
been paid to him by said Sinclair ex-
cept So, 1880 advanced to plaintiff
and credited on the Jacob Kisamore,
Scott Miller and Sol Huffman con-
| tracts at 81 per NJ,
The further object OF the above suit
lis to procure a decree for a sale of
the said timber property as a whole
and a division of the proceeds among
the owners thereof; and that the in
terest Of the plaintiff either in money
!or in said property nay be fixed and
declared and enforced as a lien or
otherwise as may be proper; and that
an account may be stated between the.
said Duncan Sfnclainian the plain.
tin Of ali transactions between them
connected with saldiproperty; and thai
the said Duncan Sinclair and the.oth
er defendants may discover how saii
property is ownedSor held by said
Herry q. Frexler and A. F. Gerstell,
and what amount Of money, II any,
IS due from them or either of them to
said Sinclair, and how much money
Esafd Sinclair has received from them
D reltHer of them on account OF said
fpfobeF
The bill also prqyssthat 9 receiver
may be- appointeds and for an injanc-
ttons to restrain the sale@of the said.
property until the further order of the
court, and for general relief.
And it appearing by affidavit filed II.
this case that Harry g. Trexlert a =
Gerstel aid Arnold Sinclair are non.
residents OF this State, II ts ordered
that they do appaarh here within one
month after the date 6tsthe htst pub
iicatto1 hereof ahdSdo what ts neces
sary s protectsthelr inteeests
Ana that this order of publication
he ppBllsheds AMI, posted according q
law.
Given under myfhand this 23th
das3of ssentemhar@la 1906.
PARRISH Clerk
SHAas