The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-02-10
COMMISSIONERS NOTICE.

h. Lee Burchinal, plaintiff vs.. Benja.
min @. williams, schmu1bach Brew
ing Company, a corporation, 8, NJ.
Noyes, trustee, The Bank Of Fair.
mont, a corporation, and Charles
Powell. trustee. defendants. In.
chaneery.
To the above named parties, plaintih
and defendants. and all others in
terested:
You and each of you will take no.
ttce that on the 26th day, of February,
1906, at my Office. in the city Of Fair,
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 70, 1905,
are required to attend with such.
books, papers, vouchers, and evidence
as will enable me o comply with said.
order OF court, ana TO do whatsoever
may be necessary to protect your In
when and where you and each Of you
%terests in the premises. The follow
ing is an extract from said decree,
showing what Is required Of said com,
missioner.
Upon consideration Of all which is
adjudged, ordered and decreed that
this cause be and the same is referred
Ito Thomas N. Parks, n 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, OF any part Of
said claim, is or is not a mechanics
lien upon and against the said lot OF
parcel Of land in the bill described as
lot number fity-two (52) in the plat
Of the City Of Falrmont, Marion coun,
|ty, West Virginia; and whether the.
said lot or parcel of land designated
as said lot number tifty-two (52) is
owned by the said defendant, Benia-
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 Ave (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 commissioners shall
publish the notice to lien holders as
required by chapter 1879, section z,
Eof 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
|hy 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 plaintiff
Ito file a general replication in said
Clerks otHcc within Ave (5) days af-
ter fling Of the answer Of the said
Williams and schmulbach Brewing
c@ompnpyybr either Of them, as above
provided, and, said commissioner
Parks is directed to consider any such
answer II filed or any general repli-
cation thereto IN executing this order
Of reference.
Given under my hand this the 27tt
dsy Of January, 1906,