The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-02-03
COMMISSIONERS NOTICE.

min G Williams, sehmulbach Brew.
ing Company i corporation 8. u.
Noyes, trustee, The Bank q FslIrs
mont, q corporation, and Charles
Powell, trustee, defendants. 81
chancery.
To the above named parties. plaintiff
and defendants, and ali others In
terested:
You and each Of you will take no.
tice that on the 26th day Of February.
1906, at my. once, in the city ofsFair.
mont, Marion county, and State OF
West Virginia, / will proceed to exc
cute the decree rendered in the above
entitled cause by the Circuit Court
Of Marion county on January IL, 1905,
when and where you and 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.
missioner,
TJpon 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 and report an account
showing,
First. Whether the claim set forth
in the plaintiffs bill, or any part Of
said claim, is or is not a 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 fifty-two (52l is
owned by the said defendant, Benja-
min G. Williams, and If SO by what
title the said Williams owns and holds
said lot aforesaid.
Second. The liens upon said real
estate, by whom held, their respective
amounts and priorities.
Third. Whether said real estate will
in five (5) years rent for sufficient
sum to pay off 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 1S9, section Z,
Of the Code of West Virginia; and the
said commissioner shall give notice to
all the parties to this suit Of the time
and place of taking the said account
by publication thereof for once q
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 10 the next term Of this court,
until which time this cause is con.
linued,
And leave is given to the plaintiff
TO file a general replication in said
Clerks Office within FIVE (5) days af-
ter filing of the answer Of the said
Williams and Schmulhach Brewing
Company or either Of them, as above
provided, and, said commissioner
Parks is directed to consider any such
answer il filed or any general repli.
cation thereto in executing this order
of reference.
Given under my hand this the 9th
day Of January, 1906.
THOMAS N. PARKS,
co,,u,JeeIOner, In Chancnrv.