The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-04-10

Eiibi tity, Sly ue= .. .flUlt anu JONu "A.
Clark. assignees OF Emma Mary Eliz.
& abeth Black; John S. Scott, Nettie
Cooper. nee Bartlett, assignee OF
John s.. Scott; E. Fay Hartley, Lu.
ther r. Talkington, Patrick NJ. Hoge,
Wesley A. Brooke, lack Wyatt; ad.
ministrator of 2. W. Wyatt, de.
ceased; The First National Bank OF
Shlnnston. a corporation; The First
National Bank Of Salem. a corpora.
ton; The Bank OF Pennington. a
corporation; Fairmont Young Mems
Christian Association, a corpora.
tion; Sherman c. Denham. Mrs. Lou
Shinu, Creed A. Powell. Moiiie C.
Crane, eXecutrix OF the last will and
testament OF o. C. Crane, deceased:
Jacob W.. May. ]. Frank Google, ad.
minIs.rator OF the estate OF Mary A.
Google, deceased: Eveline Cox, Eli
Musgrave. Clyde s. Holt, Joseph NJ.
Hartley. evi B. Harr, John A.
Clark, Jo' A. Clark. assignee OF
The Mont .gahela Bank of Fairmont,
a corporation; John F. Phillips.
George E. Miller. James E. Ander.
son. Ellis A. Billingslea, E. Glenn
Rowand, William D. Straight. 7.
Sed Neptune. Ezra w. Michael, Cole.
man L. Michael. Harry F. Smith,
Francis E. Nichols. James "A. Mere.
dith, George N. Alexander. Howard
l.. Swisher, Andrew J. Arnett, Ed.
r c. Stemple. Willard NJ. Foster. JET.
ferson D. Michael. Lon C. Boice,
Earle H. Smith. S. Ray HoIbert and
= William H. Spedden, partners as
Holbet i& Speddea; Henry p. Gil.
kkmfhfea CLYDE fl lcrshe. defendants.
In the Intermediate Court OF Marion
ygounty. West Virginia, abstract
Trout ,dedfee fentered in said Court
on the It'll day OF February, 1911.
I'd 0RefqpRsitlefaiion 81 all wnfch the
Court Ia OF opinion that this cause
shdGd1Ba f6lerfednoconeof the Com.
Tssioners in cchaneeryI Of q this Court
Tor The purpose or ascerfairing and
reporting, the several matters AMI
thlnsss lieeeinafters psoyIded. 1t is
therefore adjudged.. ordered and de.
creedathat this cause be and is hereby
referred to +. F. Hartley. one o. the
commissioners in chancery OF this
Court, who is, directed and rAquired
to do and to ascertain and report the
following matters and things, that Is
First: The said commissioner shall
ascertain and report tho zeal estate
owned by the defendant. Melville B.
Bartlett, remaining unsoId which was
to say:
conveyed by the said Melville y. Bart.
lett to Marshall w. Ogden, trustee by
deed bearing date tue 9th day OF DC.
tober, 1910, and recorded In the Clerk
Office OF the County Court Of Marion
county. West Virginia, in Trust Book
No. 20. at page 81. which deed Is filed
as Exhibit NJ" with the plaintiffs
bill herein aaI which real estate Ia
subject to the said deed Of trust;
where said zeal estate Is situate and
the condition and state OF the title
thereto.
Second: The amount OF the in.
debtedness of the said Melville B.
Bartlett which was secured by the
said last named deed OF trust remain.
ing unpaid and to. whom said indebted.
ness is owing.
Third: The valid liens OF every
character upon said real estate; the
amounts and prlorities and to whom
owing; and especially the liens II any
upon said real estate other than those
created by the said deed of trust afore.
said and bearing date the 9th day OF
October, 1910; the amounts and prior.
tiles of such and to whom owing.
Fourth: The fee simple and an.
nual rental value OF all such real es.
tate and whether or not the rents and
profits Of said real estate will In five
years pay off and discharge the liens
thereon. I.
Fifth: What personal property
owned by the said defendant, Melville
B. Bartlett Is included in said deed Of
trust dated October 6, 1910; the value
of said personal properly and what
part of said personal property is pledg.
ed as collateral to secure debts and
sureties upon notes and what debts or
sureties the respective parcels of said
personal property are pledged to Sc:
cure and the amounts and priorities
OF the respective debts secured there.
by. - "A X IS ~ ~
Sixth: Said commissioner shall
also state and settle the accounts OF
the said Marshall w. Ogden, trustee,
under said deed OF trust aforesaid,
bearing date October 9Th, 1910. y
: Seventh. Any other matter deemed
pertinent by said commissioner or
which being pertinent may be re.
CURED by any party in interest. i:
!. Eighth: The parties to the above
entitled cause are hereby notified that
], E. F. Hartley. commissioner as
aforesaid. have fixed upon Wednesday,
the 18th day Of April, 1e11rat my office
in the city OF Fairmont. Marion coun.
ty, West Virginia, as the time and
place for executing the aforesaid order
of reference at which time and place
YOU are reculred}to attend.T 3
/. Given under my hand this the 4th
day Of March, 1911 .s,t;s n, z ;s
I. &, =. F. HARTLEY iS,
n & 8, Comm 5sioner. 81