The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-06-21
Special Notices
NOTICE oF%JuDICIAL SALE

Pursuant 70 decree or the
Circuit Court of Marion County.
West Virginia, made and entered
on the Sth day OF May, 1922, in
the chancery cause of. j. Austin
Price, Administrators of the person.
al estate OF Ed N. Toothman,
deceased, plaintiff. against Pris-
ella j. Toothman, widow of Ed. N.
Toothman, deceased, and others.
defendants, the undersigned
Special Commissioner Will, on Sat
$urday, the Sth day Of July. 1922,
at the front door OF the Court
House of Marion County, West
Virginia, in the City of F'airmont,
Marion County. West Virginia, at
two CD O'Clock in the aftern DON
of that day. offer for sale and sell
to the highest and best bidder
therefor, all the following describ-
ed real estate
The undivided one-half X }
interest in the. following described
tract or parcel of land Except as
hereinafter noted) situate on the
waters of Plum Run, In Lincoln
District, Marion County West 1tr-
ginia, and containing about 70 rty-
ones (41) acres, (the other undiy-
ided one-half (1a) interest in said
tract or parcel of land being
owned by the defendant, Priscilla
J. Toothman) and bounded and
described as follows:
Beginning at plum bush be-
tween the county road and Plum
Run, corner of E. w. Hamilton,
thence with four of his line as
follows: N. III E. 10A poles to
corner i'll road; n. 13A w. ~
poles to corner in road; S. SS3a E.
16A poles TO stone; s.. so n E.
so 2-3 poles to pointers on the hill,
corner to T. F. Hawkfnberry;
thence with four of his lines as
follows: S. 10 E.E4A poles to G..
O.; S. 26 E. Is poles to dogwood;
S. 80 e. Id poles to dogwood; s..
II E. Is poles to pointers; S. 10
w. . 2-3 poles to stone, corner to
e. p. Reese; thence with two of
his lines as follows ST. w.
SIS As poles to stone; S 65 w &c
poles to pointers on East bank of
Plum Run; thence up the run with
its meanders SO poles to the place
of beginning, containing forty-one
E(41) acres, more or less, except
the Pittsburgh vein Of coal and the
mining rights and privileges there
with, heretofore conveyed away;
and excepting also the oil and gas,
within and underlying the above
described land, together with the
rights and privileges thereunto be-
longing, for the operation and
development of the same; and
excepting also one Cd acre of
coal, and the mining rights and ana
privileges Herewith, known as the
a.; wit hin and under
living said tract Of land, that was
granted and conveyed by the said
Ed. N. Toothman and Priscilla j
Toothman his wife, to T. A. Price
and Sarah SKintyhtt, by deed bear
ing date the End day of February,
1905, ard of record in the office
OF the Clerk of the County Court
of Marion County, West Virginia,
in Deed Book No. 1856, at page
4O4, reference to which deed Is
here now made for a description
thereof; and excepting also one
@(1) acre of coal known as the
crock vein in the hill near the
surface which may be found by
digging about eight feet in the hill
that was conveyed by the said Ed.
N. Toothman and Priscilla Tooth
man, his wife. IT, John Kinty and
d. J. Toothman, by deed bearing
date the 18th day of December,
1916, and Of record in said County
Clerks office in Deed Book No.
212, at page 420, reference to
which deed is here now made for
description thereof; and except
ing also two CD acres OF coal and
the mining rights and privileges
Herewith, within and underlying
l. H. tS,I-s no
rock VEIN .thatgwas granted and
conveyed by the said Ed. n.
Toothmang and Priscilla ToothIna an,
his wife to James w. Phillips, by
deed bearing date the 27th day Of
January 1917, and of record IN
said County Clerks office In Deed
Book No. 213, at page asa, refer
ence to which deed is here now
made for description thereof.
The said sale shall be subject to
the dover interest or estate there