The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1914-05-07

conveyed to The Wolf summit Coat
Company. The said tract OF land
above described Is the same that was
heretofore conveyed 20 The Scion
Lowery Coal Company by deed bear
ing date on April 90, 1909. OF record
In tho office of the Clerk OF the
County Court Of said County in Deed
Book No. 100. page 263. and by said
The Solon-Lowery Company conveyed
70 Thomas J. O'Gara by deed bearing
date on May 6. 1904. of record In said
office in Deed Book No. 142. page
l42.
:. ALI of the Pittsburg vein or seam
Of coal now remaining in, upon or un-
aer the following described tract or
parcel OF land lying and being on said
Limestone Greek in the District Coun-
" and State aforesaid, and more par
tcuiarly bounded and described as
follows: Beginning at q 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 43 de-
grers IL 1-2 poles to q white oak;
thence north SO degrees w. 81 poles
TO pointers, thence y so degrees =
70 poles to a sour gum with maple
pointers; thence S 2 degrees w AZ
poles to Q hickory; thence s rs de-
grees W 81 poles to the beginning
containing Is "a acres more or less,
and which said tract Is contiguous to
and adjouins certain coal lands form
arly operated by O'Gara Coal Conn
pany; together with the right and
privilege of operating and removine
said coal, without being liable for any
damage to sal! 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 Is
excepted and reserved therefrom "a
all Of that part OF said vein OF coal
which Is beneath the dwelling Souse
now on said tract of land, which shall
not be removed: and there Is further
excepted and reserved therefrom (2)
the right to drill through said coal
for oil and gas, together with all the
rights and privileges granted by Mar
celluS P. Thompson in and by an OIL
and gas lease on and to said tract OK
land, which he the said Thompson
heretofore made prior to the 9Th day
Of February. 1911. It Is covenanted
and agreed that when mining opera
dons at the mine commonly known
as the O'Gara Mine, in the County
and state aforesaid, shall have been
permanently discontinued by said Jen-
kins, or his heirs, executors, admins
traitors, successors or assigns. then the
said jenkins. or his heirs, executors,
personal representative. successors or
assigns. will. on request, convey or
cause to be conveyed to said Thomp
son, his heirs or assigns, the vacant
space created by the removal of the
coal hereinbefore described in and by
this paragraph. The coal mimi
rights aforesaid are the same hereto
fore conveyed to Thomas ]. o'Gara by
said Thompson and wife by deed bear
ing date on February 8, 1911, of record
in said office in Deed Book No. 1877,
page 1877.
). All of the residue of the term in,
OF and to that certain leasehold es-
tate In, of, upon and to all of the Goa
In, upon and underlying certain
tract of land containing 662.S5 acres
more or less lying and being on the
waters of Limestone Creek. in the
District, County and State aforesaid,
Witch said leasehold estate was orig
Inaily created by deed of lease bear
ing date on August z, 1901, made by
Solon and e. T. Lowery, of record in
said office in Deed Book No. 125, page
3OS, and which leasehold estate and
the estate in and bv said deed OF
lease so created as aforesaid, were
by said Scion. and Lowery conveyed
to The Solon-Lowery Coal Company
by deed bearing date on December IA,
1901, of record in said office in Deed
Book No. 12S, page 1870. and which
teasehold estate was thereafter by
deed bearing date on May 6, 1904, Of
cecord in said office in Deed Book No.
i42, page LA. conveyed by said The
Solon-Lowery Coal Company to Thorn
IS ]. O'Gara, together with the appur-
:enaces to the said leasehold estate In
anywtse belonging or pertaining.
4. All of the residue of the term in,
of and to a certain leasehoid estate in,
of, upon and to all OF the coal in, upon.
and underlying a tract of land of 20.6
acres, lying and being on the waters
of said Limestone Creek, in the Dis
trict. County and State aforesaid. and
adjoining the tract of land described
in the paragraph next preceding, which
said leasehold estate was created by
deed of lease bearing date on March
1S, 1904, made by said The Wolf Sum-
nit Coal Company to said The Solon-
Lowery Coal Company, Of record in
said office in Deed Book No. 142, page
40, and which said leasehold estate
and the estate therein and there.
created, was thereafter conveyed by
said The Solon-Lowery Coal Company
to said Thomas j. O'Gara by deed
bearing date ON May 6, 1904, of record
in said office in Deed Book No. 142,
page IA, together with the appur-
tenances to the said leasehold estate
in anywise belonging OF pertaining.
s. That certain mining plant and
equipment, including miners houses,
store room, blacksmith shop, engine
house and equipment, and tipple and
tipple machinery, equipment and
connections, mine cars, tracks and all
other equipment, machinery, houses,
structures, fixtures, furniture, office
and mine supplies and materials, all
live stock, and all other property and
assets, excepting only accounts receive
able and cash in bank, forming part
of, and used in connection with, and
in and about the mining plant of said
jenkins. commonly called the O'Gara
Coal Mining Plant, near Reynoldsville,
as the same were by deed of the 9Th
day of October, 1912. from Thomas
J. O'Gara sold, transferred, set over
and assigned to said Jenkins.
6. All the right, title and interest,
conveyed by said jenkins to said trus-
tee, in and to certain railroad switches