The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1918-05-08
SPECIAL NOTICES


STATE OF WEST VIRGINIA:
Al May Rules, 1918, held in the OF
flee of the Clerk Of the Circuit Court
of Marion county. and state aforesaid
on Monday, the 9th day Of May, 1918,
the following order was entered: Jonn
Y. Hite, Plaintiff, against Alfred II.
Donnally; Mary ]. Donnally; William
B. Cornwell, trustee; Mary Nicholson
Administrative de bonis non Of the per-
sonal estate of William H. Nicholson,
Ir., deceased; Winfield s. Meredith,
trustee; John G. Prichard, trustee;
Charles R. Donnally; George E. Amos,
Luther B. Amos and Samuel ]. Snyder,
partners doing business under the
firm name and style Of George T.
Amos & Company; Francis E. Nichols;
Fielden r. ClelIand, ]. 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; E. Fay Hartley; ]. M. Hartley
& Son Company, a corporation;
Medart Patent Pulley Company, cor
poration; G. B. Tiffany and H. E. Vo'
gel, partners doing business under the
firm name and style Of Tiftany'Voge!
Company; Fairmont Wall Plaster Com
pany, 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.
obIsot of Suit,
The object of the above entitled suit
is to have the liens against the real
estate owned by the said defendant,
Alfred II. Donnally, which said real
estate consists of all that certain lot
or parcel Of land situate in the city
of Fairmont, Marion county, West Vir'
ginia, in what is known as the Fair
mont Development Company's Addi'
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 10Th day Of April, 1898, and is OF
record III the office of the Clerk OF the
County Court Of Marion county, West
Virginia, in deed book number So, at
page els, 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,
to take and report the liens and their
priorities upon said real estate, and to
obtain decree of sale, upon the re.
turn and confirmation Of said report,
Of all OF said real estate, and to pay off
and discharge the various liens there
on, and especially to enforce the col'
lection of a debt due and owing the
plaintiff, John Y. Hite, by the said
Alfred II. Donnally, and the said Mary
il Donnaliy, evidenced by a certain
pfomissory note, dated September 9,
1911, in the amount CT Seven Thou
sand Dollars (S7,O00O0), with interest
thereon from date, which constitutes a
lien upon said real estate. and further
tosobtain a decree fully releasing a Ger,
tain deed of trust upon said real es'
tate, executed by the said Alfred H
Donnally and Mary ]. ponpally, 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 2S9,
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 It 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, corporation; Medart Pat,
ent Pulley Company, a corporation;
G. B. Tiffany and H. E. vogel, part.
ners doing business under the firm
name and style of Totfany.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, corporation; G. B.
Tiffany and II. Z. Vogel. partners doing
business under the firm name and style
of TifCany.Vogel Company, and VIII.
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.
cary to protect their interests.
1t 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.
This order is published>for the first
time May 9Th, 1918, and is to be pub,
lished once week for four successive
week,
5-s.15.22.at