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


HoffheImer resigned as such trustee aut
refused to act further; and,
Whereas by decree duly made ane
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 plaintif, aud East Coas;
Coal Mining Company and others were
the defendants, andi duly recorded In
Chancery Order Book No. 80, page So
the undersigned was appointed a trus.
tee In the place and stead OF the SAID
Brewerton and Honheimer to carry int
eneet the trust created by said deed q
trust; and,
Whereas, under and by virtue Of th,
provisions OF said deed OF trust. thI
whole OF the notes secured thereSS
nave become due and payable, and dc,
tauit has been made by said Franl
Jenkins in the payment thereof; and
whereas, the legal holders of sale
notes have duly requested and re
CURED said trustee TO sell the proper.
" conveyed by said deed of trust. il
trust: y
Now. therefore, notice Is hereby Civ.
en- that In pursuance of the authorit,
vested IN said trustee by virtue Of sale
deed of trust and said decree 81
&urt. said trustee viii sell al
pNllic auction. at the front door
OF Ne court house of the County o.
HARMON. in the State of West Vir,
glnta at the City OF Clarksburg. II
the Ceunty and State aforesaid, on
Tuesday, the 18th Day Of August, isi4
at O'Clock in the afternoon. of SAID
day, all OF the following described rea.
estate, leasehold' estate, mining plant
machinery, equipment, railroad sid.
ings. railroad sidipgs and switch
agreements and rights, and other Is.
tates, assets, rights, titles and inter.
ests, to-wIt:
i. All that certain tract or parce
OF land lying and being ON the waters
OF Limestone Creek, in the District Of
Coal, in the County of Harrison ant
State of West Virginia. and 2 more
particularly bounded and described a.
follows: beginning at a post on tht
northwestern Virginia Turnpike, cor.
ner 70 land Of John Ashcraft, ant
running thence y. o. degrees rs min,
utes . 1O4S feet; thence 8. 81 degreel
20 minutes w 1915 feet to stake OF
line of Kelso Thompson; thence ieav.
ing his line aud running down the bot,
tom S 3S degrees 40 minutes q 5s1
feet to stake; thence s 46 degrees II
minutes E 179 feet to stake; theme s
81 1-2 degrees Z 400 feet to telegraph
pole standing on the side of said Turn
pike; thence down said Turnpike n. "a
degrees 40 minutes E as feet to 8. post,
thence N % degrees 20 minutes 2 ITO
feet to the beginning, containing &c
acres. There Is excepted and reserved
sherefrom. Cd all the oil and gas con-
tanned in or underlying the said tract
with Aha 1lohf IN dysid1 and hny-o foT.
same, but such right to be exercised N
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 removal OF
the coal in and underlying said tract,
(2) also reserving and excepting there
from all the coal underlying the same
the said coal and coal mining rights
80 reserved having been heretofore
conveyed to The Wolf Summit Coal
Company. The said tract Of land
above described is the same that was
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. 1870, page z63, and by said
The Solon-LoweTy Company conveyed
to Thomas ]. O'Gara by deed bearing
date on May 6. 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 tin-
uer the following described tract OF
parcel of land lying and being on said
Limestone Creek in the District, coun-
~ and State AFORESAID, and more par.
ttcularly 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
d. S! Reynolds, thence north 4S de.
grecs IL l-2 poles to a white oak;
thence north SO degrees w. 81 poles
to pointers, thence y 60 degrees E
70 poles to sour gum with maple
pointers; thence S degrees w 4S
poles to q hickory; thence s % de-
grees W 81 poles to the beginning
containing Is ga acres. more or less,
and which said tract Is contagious to
and adJouins certain coal lands form
erIy operated by 0'Gara Coal Com
pany; together with the right and
privilege OF operating and removing
said coal, without being liable for any
damage to sal. land for the mining
eAAA1 AGAAtONAu6 ZIG GaAAtGf NA4AA "
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 /: az
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 land gas, together with all the
rights and privileges granted by Mar
reflus P. Thompson in and by an oil
and gas lease on and to said tract Of
land, which he the said Thompson
there tofore made prior to the 9Th day
Of February. 1911. It Is covenanted
and agreed that when mining opera
ttons at the mine commonly known
- the o'Gara Mine, IN the County
and State Aforesaid, shall have been.
discontinued by. said Jen-
zins, 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
eause TO be conveyed % said Thomp
ION, his heirs or assigns. the vacant
pace created by the removal of the
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