The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1906-10-15

- 49,
Luther ~. Thurman and VIE deet
lldatedi spril 50, 1906 recorded ia DEED
BOOK page sT1.s
solomon Huffman and wife. deed
dated April Sd, 1906, recorded in Deed
Book ~. page 21S.
Jacob Kisamore and wife, deed dat
ed April 81, 1906, recorded in Deed
Book A, pake 275.
E. I. Judy and others deed dated
February goth, 1906, recorded in Deed
Book A, page 2S1.
Isaac summerteld, deed dated June
80, 1906, recorded in Deed Book A,
page S66 and other deed.
The names Of the parties or per
sons whose estate in said property is
intended to be affected by the afore,
said suit are Duncan Sinclair, Harry
G. Trexler, A. F. Gerstell and Arnold
Sinclair.
The bill also states that II Sinclair
has sold all of said property to the
defendants Harry O. Trexler and A. F.
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, onefourth, Of the net profits on
said entire transaction, but said net
profits can only be arrived at by a
settlemeuttof all Of said transactions
between the plaintiff apd Sinclair in
which settlement the costs Of the prop.
erty which cannot now be definitely ar
rived at as different tracts cost differ
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 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 be
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 $9,725OO 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
is to procure decree for a sale of
the said timber property as whole
and division Of the proceeds among
the owners thereof; and that the in.
terest Of the plaintiff either in money
or in said property may 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 Sinclair and the plain
TIL Of all transactions between them
with said property; and that
the said Duncan Sinclair and the 9th.
er defendants may discover how said
is owned or held by said
Henry G. Trexler 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
said Sinclair has received from them
or either Of them on account Of said
The bill also prays that a receiver
may be appointed, and for an injunc'
ton 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 in
this case that Harry G. Trexler, A. F.
Gerstell and Arnold Sinclair are non
residents Of this State, 1t is ordered
that they do appear here, within one
month after the date of the first pub.
Iication hereof and do what is neces.
sary to protect their interests.
And that this order Of publication
be published and posted according to
law.
Given under my hand this the 9th
day of September, 1906.
R. B. PARRISH. Clerk.
WIN. j. READ,