The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1922-06-07
Electrical Work
Special Notices
NOTICE OF. JUDICIAL SALE

Sp6C1ax NOtlCeS
NOTICE OF! JUDICIAL SALE
Pursuant to a decree Of the
Circuit Court of Marion County.
West Virginia, made and entered
on the Sth day of May, 1892, in
the chancery cause of J. Austin
Price, Administrator 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 Fairmont,
Marion County, West Virginia, at
two ca o'clock in the afternoon
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 CD
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 Vir-
ginia, and containing about forty
one (41) acres, (the other undiv-
ided one-half 1s) 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
follows: N. II E.S10A poles to
corner in road: N. 13A w. Az
poles to corner in road; SISSY e.
1914 poles TO- stone; S. 50A e.
so 2-3 poles to pointers on the hill,
corner to T. F. Hawkinberry;
thence with four of his lines as
follows: S. IS E. Az poles to G.
o.; S. 20 E. is poles to dogwood;
S. 3S E. IA poles to dogwood: S.
IT E. l poles to pointers; S. 10;
w. 2 23 poles to stone, corner to
E. p. Reese; thence with two of
his lines as follows: s.. lis W.
So As poles to stone; S SIS w. 26
poles to pointers on East bank of
Plum Run; thence up the run with
its meanders So poles to the place
CAD 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
privileges herewith, known as the
upper VEIN" within and under
lying 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 Kintyhtt, by deed bear
ing date the 22nd day of February,
1905, and of record in the office
of the Clerk of the County Court
of Marion County, West Virginia,
in Deed Book No. 1856, at page
404, reference to which deed is
here now made for a description
thereof; and excepting also one
Cd 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.
NJ Toothman and Priscilla Tooth
man, his wife. t. John Kinty and
D. ]. Toothman. by deed bearing
date the 18th day of December,
1915, and OF record in said County
Clerks office in Deed Book No.
.212, at page 42O, reference to
which deed is here now made for
description thereof; and except
ing also two t2) acres of coal and
the mining rights and privileges
Herewith, within and underlying
said tract Of land known as the
rock Vein that was granted and
conveyed by the said Ed. n.
Toothman and Priscilla Toothman.
his wife to-James w. Phillips, by
deed bearing date the 9th day of
January 1917, and of record in
said County Clerks office in Deed
Book No. IS, at page $50, refer
ence to which deed is here now
made for a description thereof.
The said sale shall be subj ect to
the dover interest or estate there!
In Of Priscilla ]. Toothman, as the
widow of the said Ed. n. Tooth
man, deceased
TERMS OF SALE: One-third
.C1!3 of the purchase price. or as
much smore thereof as the purchas-
er may elect to pay. cash in hand
on day of sale. and the residue in
two t2)F equal installments, due
In six (6) and twelve (129 1
respectively, from date OFF
sale. with, interest thereon from
date of sale, with, personal security
to be approved byst he unders isned
Special Commissioner, and a ven
doris lien shall be retained in anyt
deed upon the above describedt
real estate to secure the deferred
installments Of purchase money.
Frank G. Haymo nd
Special Commissioner
Il, L. a. Gathers, Clerk of the I
Circuit Court Of Marion County,