The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-06-28
DressHaking
For Exchange
Special Notices
NOTICE OF JUDICIAL SALE

| NOTICE OF JUDICIAL SAIIE %
! Pursuant to a decree OF III the
I! 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, Administrator of the person
| al estate Of Ed. N. Toothman,2
! deceased, plaintiff, against Pris-s
| ella ]. Toothman, widow of4Ed. NJ
! Toothman, deceased, and Others
I defendants, the undersigned
| Special Commissioner Will, on Sat-
urday, the Sth day OF July 92:s,
! at the front door of the Court
I House of Marion County. West
| Virginia, in the City of F'airmont.Si
Marion County, West Virginia, III
| two CD O'Clock in the aftern oon9
| of that day. offer for sale and SELL
to the highest and best bidder
:! therefor, all the following descrlb-#
ed real estate:
The undivided one-half C11s) e
interest in the following described
tract or parcel of land (eXcept as@
hereinafter noted) situate on the I
waters of Plum Run, in Lincoln
District, Marion County West VI r.,
ginia, and containing about forty
one (41) acres, (the other und iv-s
ided one-half { IL } interest In said
tract or parcel of land being
owned by the defendant, Priscilla
J. Toothman), and bounded and
described as follows:
Beginning at a plum bush be-
tween the county road and Plum
Run, corner Of E. w. Hamilton
thence with four of his line as 4
follows: N. / Il E. 107A poles to \:
corner in road; N. 10 H: va Il
poles to corner in road; S. So SE.$$8
16A poles TO stone; S. 5014 Il .ss5
SO 2-3 poles to pointers on the hill.
corner to T. F. Hawkinberry:a e
thence with four of his lines as Il
follows: S. IS e. 4 ~ poles to c.
o.; S. 26 E. Is poles to dogWood;;a
S. 3S E. Ia poles to dogwood
II E. 16 poles to pointess; o.
w. % poles to stone. cornerttossj
:" E. p. Reese; thence with two of4ss
his lines as follows: S.. 73ai w.
So As poles to stone; IS %65 W. 81
poles to pointers on East bank Of
Plum Run; thence up the run with
it's meanders SO poles to the place
of beginning, containing forty-one$
(41) acres, more or less, except
the Pittsburgh vein of coal and tho
mining rights and privileges there
with, heretofore conveyed aWay;;$S:
and excepting also the oil and gas
within and underlying the above
described land, together with the
rights and privileges thereunto pessSi
longing, for the operation and
development Of the same; and |
excepting also one I'd acre OF
coal, and the mining rights and X
privileges Herewith, known as theESa
upper vein," within and UNDER
lying said tract of land, that twas
granted and conveyed by the said VS.
Ed. N Toothman and Priscilla vi
Toothman his wife, to T. A. Price IL
and Sarah Kintyhtt, by deed bear
Ing date the 22nd day of February
1906, and of record in the Office
of the Clerk of the County Court
of Marion County. West virginia
in Deed Book No. 1876, at page
404, reference to which deed is
here now made for a description
thereof; and excepting also one.
ca acre Of coal known as the s
"rock vein in the hill near the
surface which may be found by
digging about eight feet In the hill KIN
that was conveyed by the said sEd. .+&
N. Toothman and Priscilla Tooth
man, his wife. to John Kinty and Ss
D. J. Toothman, by deed bearing
date the 10th day of sDecemb er.S$S5
1916, and of record In said Countyas
212, at page 420, reference to-
which deed is here now made for
a description thereof; and except
ing also two (2) acres of coal and NO
the mining rights and privileges
Herewith, within and UNDERLYING
said tract of land known asSt heHA
rock vein" that was granted and M
conveyed by the said Ed r9-s
Toothman and Priscilla Toothmsan.Ss.
his wife to James w Phillips
deed bearing date the 7thS day or;
January 1917. and Of record 81 ngsB5f
said County Clerks Office in Deed
Book No. 213, at page 81 refer
ence to which deed is here no5Y KS
made for description thereof
The said sale shall be subj ito
the dover interest orEestate there
in of Priscilla J. Toothmansas$th es
widow of the said Ed Ne Too tn
man, deceased.
TERMS OF SALE: One-thirdS
ODD of the purchase prIcessor5 asES
much more thereof as the purchasS
er may elect to pay, cash Inland M
on day of sale, and the resid ue. f Nc;
two Cd equal installmentss due
in six CD and twelve C129
months. respectively, from date Of
sale, with interest thereon from
date of sale, with personal security
to be approved byt the Undersigned
Special Commissioner, and a Fen=
doris lien shall be retained in any
deed upon the above described
real estate to secure the deferred 8
installments of purchase money
Frank G. Raymond.
Special Commissioner
I, L. A. Gathers, Clerk of the
Circuit Court of Marion County
West Virginia, hereby certif tina s
bond with security approved fbysrn e$ss
as sufficient and sin the penalty II
provided by said decree, has been
given by said Special Commits sion-