Greenbrier independent. [volume] (Lewisburg, Va. [W. Va.]) 1859-1980, 1920-09-03

deed from T.. l.. MCClung to Amanda
Shaever filed as Exhibit No. IL
with said cross bill, and the orig
inal paper filed with answer of
original deed" is good as an eXecu-
| Tory contract between e.. l.. Nc
Chung and Amanda Shawver, now
! Amanda McClung. but is not Suf-
! ilcicnt as q deed or contract 10 con-
vcy and does not convey or grant
anv right, title or interest after the
| life estate of Amanda McClung to
any of the children. grandchildren
or their descendants of the said
{: l.. McClung and Nancy J: Nc
Chung. nor to Mamie Cook. Voney
Drysdale and Hubert \. Shawver,
children of Amanda McCiung, re-
| ferred TO as two nicces and one
nephew in said writing, or to
their childWln, grandchildren or
| their descendants. but that said
contract does convey a life estate
in the land and surface plnported
TO be conveyed by said eNecutory
contract; doth adjudgc that the
sole and only effect of said con-
estate to Amanda Shawver, now
Amanda McCluns, the wife of G..
l.. McClung, in the land and sur
face purported to be conveyed by
said deed, or contract, with rever-
sion in fee TO G. l.. McCIung, en-
cepting only such timber as said
{. l.. McClung might need his life
time in connection with the three
ten acre lots mentioned in said
contract.
60 That in the deeds filed as
answer and cross bill of the Mel
son Fuel Company from c. l.. Nc
Chung and wife to the Trustees of
the Gauley Coal Land Association,
predecessors in title of the Gauley
Coal Land Company, and also in
the deed from Fay, ct ais, Trustees,
10 said G. L. McClung. filed as Ex-
hibit No. &. with the answer and
cross bill of Nelson Fuel Company,
veyed in the three deeds first
above mentioned so much of the
timber on the lands conveyed by
said deeds as may be required for
mining the minerals and removing
them from said lands. and that in
the deed aforesaid. Exhibit No. &,
there was excepted and reserved
by the said Trustees, prcdeces-
sors in It'll to the Gauley Coal Land
Company SO much of the timber on
the lands mentioned in said deed
for the mining and removal of the
minerals from said lands, and the
court doth further adjudgc, order
and decree that the title of Gauley
Coal Land Company, subject to
rights of the Nelson Fuel Company
in the timber on said lands, men
toned in the bill, is paramount and
superior TO the claim or title of
the plaintiff Or its predecessors in
title, as to such of said timber as
may be required for such mining
the opinion that it is not neces-
sary at this time to determine the
effect of the clauses in the deed
from c. L. McClung to J. o. and
l.. r. McClung, Exhibit A with plain
tiffs bill, allowing the grantees
ten years from the date of said
deed to remove the timber from
the land, and the court being
further of the opinion that there
has been no forfeiture of the timber
bv reason of same not having been
taxed separately TO the Gauley Coal
Land Company since the dates of
me deeds above mentioned, eX-
hibits 3, 4, 5, and &; it further adj
JUDGED. ordered and dccreed:
(4 That the Injunction here
tofore awarded in this cause on
the 9th day of October, 1919, be
and the same is hereby dissolved.
and that the plaintiffs bill be dis
missed at the cost of the plaintiff.
And thereupon Sun Lumber Com.
pany. moved the court for sus-
pension of the foregoing decree
for sixty days in order that it may
have an opportunity to apply for
an appeal and superscdcas to the
Supreme Court Of Appeals of West
Virginia, which suspension is
granted upon the plaintiff giving
bond with goodf Sec m'ity before
The Clerk of this court in l'1c sum
Of Fifteen Thousand tSl5, 1000. 90
Dollars. conditioned1ipon Tie pay
ment of all such .slamages as any
person. may, sustain yEYBason Of
the said suspension In case a su-
Persedeas TO this decree shall not
be allowed and become ieffcctuaI
within s'"''' days from this date. d,
WOMEN MUST REGISTER IN TWO
DAYS.
AS the special session Of tho