The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-06-29


Hofhelmer resigned as such trustee and
refused to act further; and,
Whereas by q decree duly made and
entered. on the 18th day of June, 1914,
by the Circuit Court OF Harrison County,
West virginia, in the proceeding therein
pending in which Arnold Coal Com
pany was the plaintiff, and East Coast
Coal Mining Company and others were
the defendants. and duly recorded in
Chancery Order Book No. &c, page 50,
the undersigned was appointed q trus-
tee In the place and stead Of the said
|Breverton and HoTheimer, to carry into
eject the trust created by said deed Of
trust; and,
Whereas, under and by virtue Of the
PROVISIONS OF said deed OF trust, the
whole OF the notes secured thereby
have become due and payable, and de-
fault has been made by said Frank
jenkins IN the payment thereof; and,
whereas, the legal holders of said
notes have duly requested and re-
CURED said trustee 10 sell the proper
trust:
Now. therefore, notice Is hereby CIV
en- that in pursuance Of the authority
vested In said trustee by virtue Of said
deed OK trust and said decree OF
Nourt, said trustee will sell at
pNelic auction, at the front door
q Ne court house of the County Of
HARMON. in the State of West Viz
gtnia at the City Of Clarksburg, in
Tassday, tie III Day Of August, Isle,
at O'clock In the afternoon OF said
day, all Of the following described ZEAL
estate, leasehold estate, mining plant,
machinery, equipment, railroad sid
tngs. railroad sidings and switch
agreements and rights. and other es-
tates, assets, rights, titles and Inter-
ests, to-wit:
1. All that certain tract or parcel
Of land lying and being on the waters
Of Limestone Creek. in the District OF
Coal, In the County OF Harrison and
State Of West Virginia. and more
particularly bounded and described as
follows: beginning at a post on the
northwestern Virginia Turnpike, cor
ner 70 land of John Asheraft, and
running thence y. o. degrees rs min
utes = 104S feet; thence s. Cd degrees
Is minutes w 1915 feet to stake ON
line of Kelso Thompson; thence ieaV-
ing his line aud running down the bot.
tom s Ss degrees 45 minutes e 5g7
feet to stakei thence S 46 degrees 10
minutes E 179 feet to stake; theme 4
81 1-2 degrees 2 400 feet to telegraph
pole standing on the side of said Turn
pike; thence down said Turnpike n. 10
degrees as minutes e rs feet to post,
thence n 20 degrees Is minutes b TO
feet to the beginning. containing 26
acres. There Is excepted and reserved
theretrom. az all the oil and gas con.
tanned in or underlying the said tract,
with the right 70 drill and bore for the
same, but such right to be exercised ~
such manner as not to obstruct or Inn
pede the necessary mining operations
or facilities OF the said Jenkins or his
heirs, executors, administrators or as
signs, In the mining and re11eval of
the coal IN and underlying said tract,
(2) also reserying and excepting there
from ali the coal underlying the same,
the said coal and coal mining rights
so reserved having been heretofore
conveyed to The Wolf Summit Coal
Company. The said tract OF land
above described is the same that was
heretofore conveyed to The Scion
Lowery Coal Company by deed bear
ing date on April 26. 1902, Of record
In the office of the Clerk OF the
County Court of said County in Deed
Book No. $50, page 2eS. and by said
to Thomas ]. o'Gara by deed bearing
date on May 9. 1904. OF record in said
office In Deed Book No. 142, page
142.
2. An of the Plttsburg vein or seam
of coal now remaining in, upon or uri-
der the following described tract or
parcel OF land lying and being on said
Limestone Creek In the District, Coun-
" and State aforesaid, and more par
Nod ~
follows: Beginning at a white oak
on the line OF old line dividing the
lands Of David Hickman and Thomp-
son now used by the coal company and
3. s. Reynolds, thence north 40 de.
grees IL 1-2 poles to a white oak;
thence north 36 degrees w. 81 poles
to pointers, thence N so degrees q
20 poles to a sour gum with maple
pointers; thence z degrees w ~
poles to a hickory; thence s rs de-
grees W 81 poles to the beginning
containing Is "a acres. more or less,
and which said tract - contagious to
and ad3ouins certain coal lands form
erly operated by o'Gara Coal Com
pany; together with the right and
privilege OF operating and removing
said coal. without being liable for any
damage TO sals land for the mining
and removing Of the same, and to-
gether. with the right to remove
the coal from adjacent and cotermin-
GUS lands through and under said
above described land. But there Isl
excepted and reserved therefron (1lI
all Of that part Of said vein Of coal
which Is beneath the dwelling house
now on said tract of land, which shall
not be removed; and there Is further
excepted and reserved therefrom (2)i
the right to drill through said coal
for oil and gas, together with all the
rights ana privileges granted by Mar
cellus p. Thompson in and by an oil
and gas lease on and to said tract Of
land, Wlaich he the said Thompson
there tofare made prior to the Sth day
Of February. 1911 It - covenanted
and agreed that when mining opera
lions at the mine commonly known
as the O'Gara Mine, IN the County
and State Aforesaid, shall have been
discontinued by said Jen-
dns, or his heirs, executors, admins
traitors. SUCCESSORS or asslgns, then the l
said Jenkins. OF his heirs, executors,
personal representative, successors or
assigns, will. on request convey or
cause TO be conveyed % said Thomp 4
son, his heirs or assigns, the vacant
space created By the removal OF the
4s.a1 T.nNkfs4f n hFarn ahkNFfknH In nnN he'll