The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-06

IbeI NC 1ubIhh ihtAAs 49, iSssA-e-N - -
difference, but that II the timber cost
more than one dollar per thousand
feet, the plaintiff was to be charged
with the excess in the final settle
ment-all Of said additional timber
purchased by the plaintiff having cost
less than one dollar per thousand
feet.
The bill Of complain states that the
said timber property is situated in
Union district in Pendleton county.
West Virginia, and refers for a par
ticular description thereof (including
the additional timber procured by the
plaintiff to make up the fifty million
feetl to the following deeds recorded
among the land records Of said Pen
dleton county, to-wit: Duncan Sinclair
and wife to Harry G. Trexler and A.
Gerstell deed dated 14th day Of March,
1906, recorded in Deed Book AZ, page
28s.
Charles A. Hedrick and wife deed
dated April 81, 1906, recorded in Deed
Book a.. page 253.
Scott Miller and wife deed dated
April Sd, 1906, recorded in Deed Book
"A. page 2C9.
Luther W. Huffman and wife deed
dated April Sd, 1906, recorded in Deed
Book "A, page al.
Solomon Huffman and wife, deed
dated April Sd, 1906, recorded in Deed
Book "A, page 27S.
Jacob Kisamore and wife, deed dat
ed April 81, 1906, recorded in Deed
Book a., pake 275.
E. L. Judy and others deed dated
February 10th, 1906, recorded in Deed
Book "A, page 231.
Isaac Summcrfeld, deed dated June
30, 1906, recorded in Deed Book "A,
page 3G6 and other deed.
The names OF the parties or per
sons whose estate in said property Is
intended to be affected by the afore'
sail suit are Duncan Sinclair, Harry
C. TrexIer, A. f. Gerstell and Arnold
Sinclair.
The bill also states that If Sinclair
has sold all of said property to the
defendants Harry C. Trexler and A. +.
Gerstell at the price of two dollars
per thousand feet( which was the
price at which it was agreed between
the plaintiff and Duncan Sinclair 1t
should be sold) 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
profits 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,
the net amount Of profits will then
have been arrived at, to which the
said Darnall it 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 oil
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 Ia
one.fourth interest therein subject tc
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
no 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 $3,725.OO advanced to plaintiff
and credited on the Jacob Kisamore
Scott Miller and Sol Huffman con
tracts at 81 per M.
The further object of the above suit
is to procure a decree for sale Of
the said timber property as a whole
and division of the proceeds among
the owners thereof; and that the i'll
terest of the plaintiff either in money
or in said property may be fixed and
declared and enforced as a lien OF
otherwise as may be proper; and that
an account may be stated between the
said Duncan Sinclair and the plain
tiff of all transactions between them
connected with said property; and that
the said Duncan Sinclair and the 9th
er defendants may discover how said
property is owned or held by said
Harry e rreyIer and A. E. Gerstell