The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-05-29
SPECIAL NOTICES
STATE OF WEST VIRGINIA:

STATE OF WEST NlhOlNtA.
At May Rules, 1918, held in the o.
flee Of the Clerk OF the Circuit Court
Of Marion county, and state aforesaid,
on Monday, the 9Th day OF May, 1915
the following order was entered: John
Y. Hite. Plaintiff, against Alfred H..
Donnally: Mary ]. Donlally; William
B. Conwell, trustee; Mary Nicholson,
administratrix de bonis non Of the per.
sonal estate Of William H. Nicholson,
Jr.. deceased; Winfield S. Meredith,
trustee; John G. Prichard, trustee;
Charles R. Donnally; George h. Amos,
Luther B. Amos and Samuel ]. Snyder,
partners doing business under the
firm name and style OF George (.
Amos < Company; Francis Z. Nichols;
Tielden r. Clelland, ]. Walter Barnes,
Charles W. Evans, partners doing bust
ness under the firm name and style
Of Marion Hardware Company; First
National Bank OF Fairmont, corpora
ton: Z. Fay Hartley; J. NJ. Hartley
& Son Company, a corporation;
Medart Patent Pulley Company a cor
poration; G. B. Tiffany and H. 2. Vo'
gel, partners doing business under the
firm name and style Of Tifiany-Vogel
Company; Fairmont Wall Plaster Com
pany. a corporation; W. A. Wilson, w.
P. Wilson and A. A. Wilson, partners
doing business under the firm name
and style Of w. A. Wilson & Sons;
Mccoy Coal Company, a corporation;
and The Kelley & Jones Company, a
corporation, Defendants, in Chancery.
Object Of Suit.
The object of the above entitled suit
is 10 have tho liens against the rea!
estate owned by the said defendant,
Alfred H. Donnally, which said real
estate consists OF all that certain lot
or parcel Of land situate in the city
of Fairmont, Marion county, West Wiz
ginia, IN what is known as the Fair
mont Development COmpany's Adj
ton to said city, being the same real
estate that was conveyed to Alfred h.
Donnally BY the Fairmont Develop
ment Company by deed bearing date
the 18th day of April, 1895, and is OF
record in the office Of the Clerk OF the
County Court of Marion county, West
Virginia, in deed book number SO, at
page SIS, and which said real estate
is more fully described in the bill
filed in this suit, ascertained by refer
ence OF this cause TO one OF the Com
missioners in Chancery Of said court,
10 take and report the liens and their
prioritics upon said real estate, and to
obtain a decree Of sale, upon the re-
turn ard confirmation Of said report,
81 all Of said real estate, and to pay on
and discharge the various liens there
on, and especially 20 enforce the col
lection of a debt due and owing the
plaintiff, John y. H!te, by the said
Alfred H. Donnally, and the said Mary
J. Donrally, evidenced by a certain
promissory note, dated September 3,
1911, in the amount Of Seven Thou
sand Dollars (s7O0O.00), with interest
thereon from date, which constitutes a
lien upon said real estate, and further
to obtain a decree fully releasing a GER
tain deed OF trust upon said real es'
tate. executed by the said Alfred H.
Donnaily and Mary ]. Donnally, his
wife, to the said William B. Cornwell,
trustee, in trust to secure and save
harmless William H. Nicholson, Jr,
and others, as endorsers on nine GER
tain promissory notes, fully mentioned
and described in said deed Of trust,
dated January s, 1907, and OF record in
the office OF the Clerk OF the County
Court Of Marion county, West Virginia,
in Trust Deed Book No. %, at page 2ss,
and which is unreleased OF record as
to the said William H. Nicholson, Jr.,
and for such other, further and gen.
eral relief as the court may see fit to
grant.
And II appearing by affidavit filed
in this course that Mary Nicholson, ad'
ministratrix de bonis non Of the per-
sonal estate OF William H. Nicholson,
Jr., deceased; The Kelley & Jones
Company, a corporation; Medart Pat.
ent Pulley Company. a corporation;
G. B. Tiffany and H. z. Vogel, part
ners doing business under the firm
name and style OF Toffany.Vogel Com.
pany, and William B. Cornwell, trus.
tee, defendants in the above styled
suit, are each non-residents Of the
state OF West Virginia, It Is ordered
that the said Mary Nicholson. admin.
istratrix de bonis non OF the personal
estate OF William H. Nicholson. Jr.,
deceased; The Kelley & Jones Com.
pany, a corporation; Medart Patent
Pulley Company, a corporation; G. B.
Tiffany and H. E. Vogel, partners doing
business under the firm name and style
OF Tittany.Vogel Company, and vii.
liam B. COrnwell. trustee, do appear
within one month after the date Of the
first publication hereof. in the Clerks
office OF said court, at Rules to be
holden therefor, and do what is neces.
sary 10 protect their interests.
II is further ordered that a copy OF
this order be published and posted, as
required by law.
Given under my hand this 9Th day Of
May, 1918.
CLARENCE CURREY, Clerk.
TREVEY NUTTER,
Attorney for Plaintiff.
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