The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-09-27
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LEGAl. ADYERTfsEMENT.
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NOTICE OF JuDici Ian SALE
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NOTICE oF III picIAl 8 ALE. y
a4Pursuant3to 8 decree OF tthe fInterme5
dtates Court OF Marion county. West
Virginia. made and entered on the goth
dars Of August, a. ID. i Jos. IN the than IAN
City cause OF Rufus Downs, plaintiff.
agains ST. Helen Coal Company, a cor
poratipn, defendant will
on Saturday, the I'd day Of October,
A.. b. 1soa,
at the from: ccorS OF the Court House
OF said Marion county, in the City :of
,Fairmont, between the hours OF 10
o'clock I'm. and 4 q O'clock p. n: on
:ttats d az, offer for; sale at public auc-
ton to the highest bidder, the follow
ing described real estate, that IS to
say. all tie sewickly or Mapletown
vein OF coal underlying all that ct itain
tract or parcel OF land situate in LIN
coin district Marion county. West Vir'
:gfn7a, consisting OF four "a parcels
OF land adjoining one of 43 IL acres.
conveyed to tho said Rufus Downs. by
the heirs OF James McCrny, by deed
dated March I'd, 1875, and recorded in
Deck Book. 25, at page 1sS; the second
tract consisting OF IA acres, convey
ed to Rufus Downs by Emory Downs
and wife, by deed dated March 3D.,
1875. and recordedt in Deed Book 20.
at page 100; the third ;lact conveyed
ito said Rufus Downs and Mary Downs
by Samuel Davis and wife. by deed
dated March 18th. 1895, and rertrded
In Deed Book ~. ut page sol. of 8
acres and SO poles: and tae fourta
tract con taining acres and 1G poles.
conveyed by Milly MeCray to Rufus
and Mary Downs, by deed dated April
18th, 1901. and recorded in Deed Book
100. ut page 1S5. and bounded and de-
scribed us follows. by the survey Of the
PFttsburg vein of coal: Beginning at
pointers. 1. corner to J. s. Downs,
thence s.. SO IL w. 1G poles to eaest-
nut oak, corner to said Downs; thence
Is. "A W. ii IL poles to u chestnut
onk, corner to Samuel Davis: thence
with five OF his lines IS. 81 w. 22 roles
to pointers; thence S. G1 w. 55 roles
to a stone; thence N. Sc w. 2S 1-G
poles to a white oak: thence N. IS w.
3 is poles to Il poplar; thence S. G2 Il
w. poles to stake. corner TO Robert
Downs: thence with six OF his lines N.
G5 1-2 W. 10 poles to Il stone; thence
Is. SIS w. - 1-2 to n Jack oak; thence
N. SO W. II poles to n stone; thence
Is. 81 w. IS poles to white oak;
thence N. l CIV. 90 poles nnd % Inks
to a white oak: thence N. 10 w. 3-5
poles 10 black oak; corner to the
Book farm; thence with one of its
lines N. 25 Z. go poles to chestnut
oak: thence N. IS II. % poles 10 a
stone, corner to the Snider farm:
thence with three Of It's lines s. IS IL
E. OIL poles to a stone: thence S. 40 w.
. poles to a stone; thence S. rs IL E.
" "a poles to the beginning, contain
ling CT acres, &c poles, more or less. be-
ing the same coal and tho mining
rights thereunto belonging, that was
conveyed by the said Rufus Downs and
1wife. to said Helen Coal Company. by
deed dated the eth day OF May, 1906,
land recorded In the office OF The Clerk
LOT the County Court OF said Marion
county, in Deed Book No. 14S. Mt page
1857, to whicn reference should be
made.
Terms Of Sale.
Onc-t11ird us. or as much more
thereof us the purchaser may elect to
pay. cash in hand on day Of sale. and
the residue thereof 10 be paid In two
equal installments due Hnd payable lin
twelve and eighteen months respec'
lively from day OF sale, with interest
on snttl deferred installments until
paid. and for which deferred Install
men.s the purchaser will execute his
notes. payable to me as Special Com
missioner witt, good personal security
to be approved by me. and a lien will
likewise be retained against said coal
and mining rights to secure said I'M
paid purchase money. Is,
Given under my hand on this 1st day
of September, 1909.
JOHN G. PRtCHARD.
Special Commissioner.
I. w. 5. Black. Clerk OF the Inter-
mediate Court. do certify That John
G. Prichard. Special Commissioner.
has given bond. with security approv-
ed by me. rs required by said decree
OF sale.
Given under my hand on this 4tn
day Of September, A. D.. 1909.
w. s. BLACK. Clerk.
a-c.1 1.pn.n7