Tazewell Republican. [volume] (Tazewell, Va.) 1892-1919, 1910-12-22

A regular term of the Circuit Court
N of the United s. ates for the West
ern District of Virginia, continued
and held at Lyrchburg, IN and for
said District, on December IA, 1910.
Honorable Jeter c. Pritchard, judge.
In the matter of
Richlands Coal Company, Iucorpor-
ated, Corporation, Bankrupt.
IN BANKRUPTCY.
On motion of j. S. Cunningham.
Trustee for Richlands Coal Company.
Incorporated, a corporation, bankrupt,
the said j. 5. Cunningham is allowed 20
flle, and files his petition, asking for the
compromise of certain controversies ex-
isting between the estate of the bank
rupt and the Empire Coal Land Corpor-
alton, corporation; and asking that
the lease contracts, in reference TO
leases, dated respectively the 23rd of
April. 1904, the 3rd of April, 1906. and
the 9Th of May, 1906, executed by the
Iazewell Coal Land Corporation to
Richards Coal Company, Incorporated.
shall be modified and changed as set cut
IN contract dated the 9Th of October.
1910, between said j. s. Cunningham.
trustee, as aforesaid, and said Empire
Goal Lard Corporation, AID which Is
nled with said petition, and asking that
the trustee and beneiciaries under the
deed OF trust executed by said Empire
Coal Land Corporation to The Mercan-
tile Trust Comdany, of New York City,
Trustee, to secure the payment of seven
hundred and fifty bonds of one thousan
dollars each, of said Empire Coal Land
Corporation, shall be cited to show
cause why the contracts of the 23rd of
April, 1904, the 3rd of April, 1906, and
the 9th of May, 1900, shall not be modi-
ned and changed as set forth in the said
contract of the 9th of October, 1910.
On consideration whereof, it is order
ed by the Court that the creditors OF
SAID bankrupt and the trustee and bene-
hclarles under said trust deed shall ap-
pear before this court on the 11th dav
OF February, 1911, at Richmond. Va.
at 10 O'Clock a. IN to show cause. if any
they can, why the compromise of the
controversies, as set out in said petit
ton, shall not he authorized and ap-
proved by this Court, and effected; anr
why the said contracts of the 23rd of
April. 1904. the Bird of April. 1906. and
the 9th of May. 1906, shall not be mod,-
ned and changed as set out in the con-
tract of the 9th of October, 1910. and
the lease-hold, as thus modified and
created by said last mentioned contract.
ehall not be sold as an asset of the es-
tate of the bankrupt.
Said creditors of the bankrupt shall
be cited by the Clerk of this Court mail
ing to such of them at their several ad-
dresses copy of this order, which shall
be IN lieu of other process against them;
and the known and resident beneficia-
res under said deed of trust shall be
cited TO appear and show cause as above
stated, by serving copy of this order
on such of them, which shall be suffi-
cient notice of this order, and in lieu of
other process, to chow cause at the
time and place as above stated; and it
appearing that the Mercantile Trust
Company, Of the City Of New York, is
non resident of this District, and that
First National Bank of Bristol. a cor
poratioD, Flat Top Grocery Company, a
corporation, Tug River Lumber Com
pany, corporation, and Bluefield Hard
ware Company, corporation, benefi-
Charles under said deed of trust, are also
non-residents of this District and that
certain other beneficiaries under said
deed OF trust are parties whose names
are unknown, it is further ordered that
said Trustee and said nonresident and
unknown beneficiaries shall be cited to
appear and show cause on the day at
the place as above stated, by the publ
cation of this order once a week for
consecutive weeks in The Roanoke
Times, newspaper published in the
City of Roanoke, State of Virginia, and
IN the Tazewell Republican, published
at Tazewell, Va.
And it is further ordered that the
publication of this order, IS hereinabove
stated, shall be sufficient notice of this
order. and shall be sufficient notice to
said Trustee and said nonresident and
unknown beneficiaries to appesr at the
place aid on the day above stated, to
snow GAUGE, as above stated, and shall
be in lieu of other process.
Dec. 14th, 1910
(Signed) J. C. PRITcHARD.
U. s. Circuit Judge.
Copy-Teste:
STANLEY w MAprrAr