Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1925-12-02
COMMISSIONERS
NOTICE.

In the Circuit Court of Jefferson
County, West Virginia
& FARMERS BANK.
a Corporation organized and doing
business under the laws of the
State of West Virginia. plaintiffs
VS..
w. M. ALLEN. Lena ". Allen. N r
Roberts, Trustee, Jefferson Bank q
Trust Company, Corporation
chartered under the laws OF the
State of West Virginia. Bank OF
Clarke County. Corporation char
tered under the laws of Virginia.
First National Bank of Berryville,
a Corporation chartered under the
laws Of the United States, Farmers
& Mechants National Bank Of Win
chester. a Corporation chartered
under the laws Of the United
States. c E. Allen, L. !. Rice,
Trustee in Bankruptcy Of G. E
Allen. j. c. Allen, N. r. Roberts,
Trustee of ] C. Allen, w A. RELY,
E B. Undertake. j. Ernest Wat
son, N. r. Roberts, Wilmer Green.
G. T. Shirley, F. II Morris. Fl T
Miley, J r Ware. r N Hardesty. c
T Hardesty. Thomas Hardesty,
The Federal Land Bank of Balti-
more. a Corporation chartered I'M
der the law sof the United States,
George NJ Beltzhoover, Jr.. Trustee
of w C Riley. w c RELY, Admir-.
of J. W. Riely......-.........Defendants
This cause coming on to be heard
this 21s day of November. 1925, up
on the plaintiffs bill filed at August
Rules, 1925. and decree nisi thereon
as to the resident defendants served
with process, order of publication as
to the nonresident defendants. the
cause taken for confessed as to the
resident defendants. and order OF
completed and the cause
set for hearing as to the nonresident
at September Rules,
1925, was argued by counsel.
Upon consideration thereof it is
ordered and decreed that
this cause be and it is hereby refer
red to L. c. Briscoe, Commissioner
in Chancery, to take evidence, ascer-
tain and report as follows:
First. The real estate owned by the
defendant, w. M. Allen, in the Coun-
ty of Jefferson, West Virginia. as
we'll as in the County of Clarke, Vir-
ginia, the value and rental value
thereof.
Second; The liens upon said real
estate and each part thereof with
the names of the holders thereof and
their respective amounts and priori-
ties.
nrfxv
came into the hands of N. R. Rob-
erts. Trustee. under the deed of trust
dated July 1st. 1924. from the said
w. NJ Allen and wife mentioned in
said bill of complaint, what part
thereof has been sold by the said
trustee, and what part thereof
still remains in his custody,
and a settlement of the accounts as
said Trustee for the personal prop
erty sold by him under said deed of
trust.
Fourth; The holders and the
amounts of the debts secured by the
deed of trust dated July fst, 1924,
from the said w. M. Allen and wife
to the said N. r. Roberts. Trustee.
which are entitled to participate in
the distribution of the proceeds of
the sale of said personal property.
Fifth; In what respects, if any. the
said deed of trust should be reformed
as prayed for in the plaintiffs bill
and the Commissioner shall take and
return all evidence submitted in re-
spect thereto.
Sixth; Any other matters which
may be pertinent to this case and
which may be desired by any of the
parties.
Before executing this decree said
Commissioner shall give notice of the
time and place of the execution of
this decree by publication once a
week for four successive weeks in
the Spirit of jefferson, a newspaper
published at Charles Town. in said
County. and shall also publish in said
newspaper for four successive weeks,
the notice in the form set out in Sec
tion Z. Chapter 1879, of the Code and
no further notice shall be necessary
You are hereby notified, that in
pursuance of the decree entered in
the above entitled cause, on the 21st
day of November. 1925. l will pro-
coed to execute said order of refer
ence at my office in Charles Town,
w. Va, beginning at 10 o'clock A.
NJ, on January 4th. 1926.
L. c. BRIsCOE,