The Republican. [volume] (Oakland, Md.) 1877-current, 1929-09-26
WASHING OF HANDS WIZ
PREVENT MANY DISERTY
State Department Adj, Preston
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oa;5 'D tbo o+,, according to last
' .-'I issue of the Kingwood
Peo' JIge Hughes at special SEES
IN, the court held last week, en-
- decree for the sale of the vast
lldall Lumber Company properties
Gated in Preston and Monongalia
counties. w. Va. The action is re-
sule of a suit brought by Attorney j.
V. Gibson on behalf of the Rowles
burg Grocery Company and other
creditors, and involves property esti
mated to be worth more than half
million dollars. The sale will be held
on October 10Th, according to the
decree Of the Court.
The report of Charles P. Wilhelm,
special commissioner in the case, was
considered at a special term Of court
held Tuesday by Judge Hughes. Two
exceptions to the report were made by
P. J. Crogan on behalf of the Evans
Manor Land Company and S. B. We'll
or. of Pittsburgh. These exceptions
which were both upheld by Judge
Hughes at the special session, were
relative to the priority of lien on
the Kendall properties by reason Of
the payment of the 1927 taxes by the
land company amounting to some
$4,000. Payment was made to protect
the vast holdings from being returned
delinquent and the Court sustained
Mr.. Crogan's contention. The other
exception to Mr. Wilhelms report
made by Mr. Crogan was whether all
lands purchased subsequent to the
making Of the deed of trust should
be SUBJECT to the trust and the Court
held all the Iandds were covered by
the deed of trust.
The property involved in the suit,
which was brought by Mr. Gibson at a
recent term of court, includes more
than $4,000 acres of virgin timber
land in Preston and MonongaIia coun-
ties and is valued at more than a half
million dollars A large mill near
Cheat Haven is also owned by the
Kendall interests.
The suit is styled Rowlesburg Gro
Gerry Company VS.. the Kendall Lum-
Der Company, and was brought by j.
Y. Gibson on behalf of small credi-
tors in Preston county.
There are three deeds of trust
against part or all of the property.
Clayton and Brown, of Philadelphia,
brokers, represented by Frank Cox of
Morgantown, hold two first mortga
ges, totaIIing $4,000, secured by liens
on the J. NJ. Guffey and Chess tracts.
S. B. Weller, of Pittsburgh, and the
Evans Manor Land Company, of
Pittsburgh, each hold bonds amount
ing to 100000 offered by the lumber
company to secure loans amounting
to $4,000.
The deed of trust securing the
bonds contained clause which pro-
vided that all property acquired by
the company after the deed was made
March IS. 1927, would be covered by
the mortgage. The commissioner held
that personal property acquired by
the company after the mortgage be
came effective would be covered by
the deed Of trust, but ruled out five or
six tracts which were not specifically
described
Included in the tracts which Mr..
Crogan argued should be subject to
the deed Of trust of his clients, is the
Cunningham tract which the Kendall
company purchased on December IS,
1927, nine months after the deed of
trust was executed. The tract lies
between the Cheat Haven mill and
uncut timber in Preston county, The
land is crossed by narrow gauge
railroad owned by the company, but
no right-of way has been granted for
the tracks.
At the March, 1923, term of court
the Rowlesburg Grocery Company Sc
cured a Judgment against the lumber
company. In May following the deed
for the Cunningham tract was re-
corded
Mr.. Crogan also asked that his eli
ents be given priority along with back
taxes and costs in a claim for $4,000.
His clients paid 1927 taxes amounting
to Approximately $4,000 Mr.. Crogan
argued that his clients had to pay the
taxes to protect their interests. The
payment was to prevent a tract being
returned delinquent.
Special Commissioner Wilhelm, in
his report, recommended that the
Kendall holdings be sold either in sep
arate tracts or as a whole. There
was considerable argument among the
attorneys regarding the terms of the
sale. Mr. Cox requested that the two
tracts securing Clayton and Brown be
sold separately for cash.
The two deeds of trust held by the
Philadelphia firm specify that the sale
may be for cash. 1t was pointed out,
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