The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1920-02-05
SPECIAL NOTICES
COMMISSIONERS NoTlcE.

To the Empire National Bank Of
Clarksburg. Il corporation, plaintiff,
and Carolina Belle Coal Company.
corporation; George E. Murphy
and Paul X. Tetrick. partners doing
business as Worthington Coal Com
pany; Williams Hardware Company,
corporation; Simmons-Welch Com.
pany. corporation; Clarksburg
Trust Company, corporation; Lee
II. Rogers, ]. G. Kepler, l.. NJ. KEEP
Ter. Philip p. Steptoe, trustee; A.
]. Mcdaniel, committee for Lula B.
Nutter, an insane person; Fred Nut
ter, an infant; Marie Nutter, an in
FAINT, and Lula D. Nutter, an insane
person. defendants:
In the Circuit Court Of Marion coun-
ty. West Virginia. in Chancery.
You and each OF you will take no.
tice that pursuant to decree of the
Circuit Court of Marion county, West
Virginia, entered on the 18th day OF
January, 1920, and also decree OF
said court entered January "a, 1920,
in the chancery cause therein pending
wherein you are the parties complain.
ant and defendant, have fixed upon
the 9th day of February, 1920, at ten
O'Clock 4. m. at my law office in the
city OF Fairmont, Marion county, West
Virginia, as the time and place for
beginning the discharge OF my duties
under said DEGREES of reference, an
abstract of which decree of January
18th. 1920, is as follows:
| Upon consideration OF all which,
1t is adjudged, ordered and decreed
that this cause be, and the same is
hereby referred to A. l.. Lehman, one
OF the commissioners in Chancery OF
this Court. to take and state an ac-
count, showing
THE true intent and purpose OF the
, deed executed by w. !. Nutter TO j. C..
kepler, dated the 18th day of June,
1917, and the vein or seam OF coal in
tended TO be conveyed by tho said
Nutter 10 tho said j. c. Kepler by
said deed: the true intent and pur-
pose of the deed executed by J. c.
Keplcr and L. NJ. Kcpler, his wife, to
the Carolina Belle Coal Company,
dated the. 18th day of July, 1917, and
the vein or seam OF coal intended 10
be conveyed by said Kepler and wife
to tho Carolina Belle Coal, Company
by said deed; the true intent and
purpose, and the seam or vein OF Goa.
| intended to be conveyed by, the Caro-
lima Belle Coal Company to Philip p.
! Steptoe, trustee, TO secure fac defend
ant, Clarksburg Trust Company III
that certain deed OF trust dated the
23d day OF November, 1918; whether
or not the defendant, Lula B. Nutter,
Is entitled to dover in and 10 the
property conveyed by w. /. Nutter 10
j. c. kepler. and by Kepler conveyed
to the Carolina Belle Coal Company,
and by tho Carolina Belle Coal Com
pany conveyed to Philip p. Stcptoc,
trustee, by the deeds hereinbcfore re-
fered to; If so. the amount OF said
dover to which the said Lula B. Nut
ter is entitled; and whether or not 1t
was the intent and purpose of the said
! w. !. Nutter and ]. G.. Kepler TO set
apart Eight Hundred (SS00.O0) DOL
lars OF tho purchase money agreed 70
be paid for said property, as shown
by the deeds from Nutter TO Keplor, and
from keplcr 10 the Carolina Belle
! Coal Company, out of which the dover
interest OF the said Lula B. Nuster
was 10 be paid and satisfied; the
/ real estate owned by the defendant,
Carolina Belle Coal Company, its To-
cation and value; the liens thereon.
II any, and their amounts and priori-
| ties; whether or not the said rea.
estate owned by the said Carolina
Belle Coal Company will rent within
five years for sufficient to pay off and
discharge the liens thereon; and all
such other matters as any party in
interest may require, the same being
pertinent; or such other matters az
said commissioner may deem peril
nent, whether requested or not"
At which time and place you are re-
CURED to be present.
Given under my hand this eth day
of January, 1920.
A. L. LEHMAN,
Commissioner in Chancery.
CLARENCE B. SPERRY,
Attorney for Plaintifr.