The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-09-06
LEGAL ADVERTISEMENT.
NOTICE OF JUDICIAL SALE.

Virginia, made and entered on the 2uth
lday OF August. A. d. 4 09, in the than
lctry cause of Rufus Downs, plaintiff.
against Helen Coal Company, a cor
poration, defendant, / will
On Saturday, the ed day of October,
A.. D. 1909,
at the front door of the Court House
iof said Marion county, in the City OF
Falrmont, between the hours cf 10
O'Clock n m. and 4 o'clock y. in. on
Itirat day, offer for sale ut public luc-
ton 10 the highest bidder. the follow
ling described real estate. that Is to
say. all the Sewickly or Mapletown
vein of coal underlying all that certain
tract or parcel OF land situate in Lin
coin district, Marion county, West Wiz.
ginll, consisting OF four "a parcels
OF land adjoining one of 43 1-2 acres,
conveyed to the said Rufus Downs. by
the heirs OF james 1McCrny, by deed
dated March 2d, 1875, and recorded In
Deck Book 20. ut page 1Ss: the second
tract consisting OF Il acres. convey
ed to Rufus Downs by Emory Downs
and wife. by deed dated March 31,
1876, and recorded. in Deed Book 25.
Mt page 100; the third tract conveyed
to said Rufus Downs and Mary Downs
by Samuel Davis and. wife. by deed
dated March 18th. 1895, and rertrdetl
in Deed Book "a. 1T page sol. of s
acres and SO poles; and the fourth
tract containing acres and 1G poles.
conveyed by Milly McCray to Rufus
AMI Mary Downs. by deed dated April
9th, 1901, and recorded in Deed Book
100, at page 1S5. and bounded and de-
ycribed as follows. BY the survey IF the
Pfltsburg vein of coal: Beginning ut
pointers, corner to J. S. Downs.
thence S. 50 1-2 w. 1G poles to ciest-
nut oak, corner to said Downs; thence
S. Al w. II IL poles to chestnut
oak. corner to Samuel Davis: thence
with five of his lines s. 81 w. % Eoles
to pointers; thence S. CT w 90 roles
to stone: thence N. SG W. 2S 1t
poles to n white oak: thence N. IS w.
3 Is poles to Il poplar: thence S. G. IL
w. . poles to stake. corner 10 Robert
Downs; thence Will six of his lines ~.
G5 1-2 w. 10 poles to q stone; thence
s. So w. IL 1-2 to Jack oak; thence
N. So w. II poles TO stone: thence
S. 81 w. IS poles 10 white oak:
thence N. / CIV. 90 poles and 20 links
! TO white oak: thence N. 20 w. 80
poles to black oak; corner To the
Book farm; thence with one OF Its
| lines N. % f. SO poles to chestnut
oak: thence N. IS e. 22 poles 10 .
stone. corner to the Snider farm;
thence with three of ita lines IS. rs IL
T. Of poles to stone: thence S. 40 w.
o poles to n stone; thence S. rs IL T..
IL 81 poles to the beginning. contain
ing G1 acres. &c poles. more or less. be
Ing The same coal and tho mining
rights therennto belonging. that was
conveyed by the said Rufus Downs and
wife, to said Helen Coal Company. b,
decd dated the eth dry OF May. 190G,
nnl recorded in the Office of the Clerk
of the County Court of said Marion
county. in Deed Book No. us. ut page
a57. to which reference should be
made. y,
Terms of Sale.
Onc-thiril (1-3. or ms much more
thereof as the purchaser may elect to
iray. cash In hand on day OF sale. and
the residue thereof 10 be paid In two
equal instnllments due e:nd payable In
twelve and eighteen months respec'
lively from day OF sale. with interest
on said deferred installments until
paid. and for which deferred install.
mems the purchaser Will execute his
notes. payable to ME rs Special Com
missioner. with good personal security
to be approved by me. and lien will
likewise be retained against said coal
and mining rights. to secure said un-
paid purchase money.
Given under my hand on this Is! day
OF September. 1909.
JOHN G. PRICHARD.
| Special Commissioner.
I. ". 8. Black. Clerk OF the inter-
mediate Court. do certify that John
G. Prichard. Special Commissioner.
has given bontl. with security arfrov-
ed by Inc. rs required by said decree
OF safe.
Given under my hand on this itn
dizzy OF September, A. D., 1909.
| w. S. BLACK. Clerk.
9-C-13-20-27