The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1907-01-31

STATE OF WEST VIRGINIA.:
At rules held In the office of the
Clerk Of the Circuit Court OF Har-
rison County, on the first Monday in
January. 1907, the following order
was entered:
State OF West Virginia,
County Of Harrison. to-wit:
Hiram ]. Burnside, Plaintiff,
VS.. In Chancery. Pending in
the Circuit Court of the
county and state, afore-
said.
Bank of Fairmont, body corporate,
George NJ. Alexander, Special
Commissioner, The Farmers Bank
OF Clarksburg, a body corporate,
Harvey w. Harmer, Trustee,
Thomas NJ. Hood, Alexander A..
Post. Hiram D. Sommerville,
David o. Morgan, Benjamin F..
Shuttleworth, John j. Davis, and
John w. Davis, Special Commits
sioners, Raymond Maxwell, Spec
ial Commissioner, adults and resi-
dents OF this State, the first two
residing in Marion county; Jona-
than ID. Springer, Mary Lee
Andrews, James r. Barnes, Isaac
w. Semans, James NJ. Hustead,
and Mrs. Jonathan D. Springer,
adults and non-residents of this
State, Defendants.
OBJECT OF SUIT.
The object of this suit Is to OBJ
tain a decree against the defendant,
Jonathan D. Springer. in favor OF
Hiram j. Burnside for a breach OF
covenant OF general warranty con-
tanned In certain deed bearing date
on the Sth day OF April, 1904, exc
cuted by said Springer as grantor to
said Burnside as grantee, and of rec
ord in the Clerks Office Of the Coun-
ty Court Of Harrison County, West
Virginia, in Deed Book No. 40, at
page 259, by reason Of an outstand.
ing superior title and lien under
which the said Burnside was eyicted
from the premises in said deed de.
scribed, and to attach and sell the
following real estate in order to pay
on and discharge the debt due upon
said warranty. and to charge said
real estate with the payment Of the
amount owing by said Springer to
said Burnside under said warranty:
viz: Four thousand one hundred
seventy-one and $4,000 ($4,171.58)
Dollars with interest until paid and
costs, which real estate is located on
and near the waters of Sycamore
Creek near Wolf Summit, in Harri.
son County, West Virginia, and Is
more fully described below and in
the deeds following:
l. The undivided one-fourth inter.
est OF the said Springer in tract OF
coal containing eight hundred and
ten and $40 acres. lying on the
waters of Sycamore Creek, conveyed
to the said Jonathan D. Springer by
r. Snowden Andrews and others. BY
deed dated March IA. 1902, OF rec
ord In the office Of the Clerk Of the
County Court of said county, In Deed
Book No. 1873, at page 444.
2. The undivided one-fourth inter-
est Of the said Jonathan D. Springer
In a tract OF coal containing two
hundred and eighty-two and $1,000
acres. lying on the waters Of Syca-
more Creek. conveyed to the said
Springer by Alexander A. Post and
wife by deed dated April I, 1902, of
record in said County Clerks office,
in Deed Book No. 1873, at page 44o.
3. The undivided one-fourth inter-
est OF the said Jonathan D. Springer
In a tract of coal containing one
hundred and seventy and 64-100
acres, lying on the waters OF Syca-
more Creek, conveyed to the said
Springer by Hiram Post and wife by
deed dated April 1. 1902, of record
In the office OF the said County
Clerk, in Deed Book No. 129, at
page 438.
4. The undivided one-fourth inter-
est OF the said Jonathan D. Springer
In a tract OF coal containing two
hundred and sixteen and 1900
acres, lying on the waters Of Syca-
more Creek. conveyed to the said
Springer by George T. Post and wife
by deed dated April 1, 1902, OF rec.
ord In the said County Clerks office
In Deed Book No. 1919, at page 440.
5. The undivided one-fourth inter-
est OF the said Springer in a tract Of
coal containing fifty and 1900
acres, lying on the waters of Syca-
more Creek, conveyed to the said
Springer by Robert Wagner and
wife by deed dated July IA, 1902, OF