The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-03-02
PUBLIC SALE.
IN THE SUPREME COURT OF
| PENNSYLVANIA. for the Eastern District.
Patterson ct al,

IN THE SUPREME COURT or
/ Pennsylvania, for the Eastern District.
Patterson ct al,
VS.,
The Hcmpllcld Railroad Company at al.
Whereas the hempfield Railroad Com
pany, by mortgage dated June n, 1855, Octo-
Der IL, 1870, November ~, 1885, and February
}, 1857, and duly recorded, did grant, and
assign unto Francis II. Drexel, Joseph II.
Seal and Frederick Klett, the whole OF the
estate, property, real, personal and mixed,
of said company, with It's franchises, in
Guiding the entire railroad and road bed,
and rights OF way, together with all the
lands, depotS, depot grounds and buildings,
situated between and at the corporate ter
mini OF the railway AT Wheeling, in the
State of West Virginia, and the town of
Greeusburg In the state Of Pennsylvania,
and, also, all the franchises tolls, issues, in
come and profits OF the said company here
after derived Ia them from the use of or
travel on their said road, or any part there
Of and, also, all the cars, engines, locomo-
tivcS, tenders, horse carts, and all other TX
lures and things and appurtenanceS what
sOevcr, used In the management and bust
ness OF said railroad, 10 have and 10 hold,
all and singular, the estate and premises,
Entertainments and appurtenances thereby
granted, or intended 10 be, unto the said
trustees, or their SUCCESSORS i'm the trust, new
ertheleSs, for the benefit ofthe holders Of the
bonds Of the company, Ia the amount of
one million OF dollars. And, whereas, by
decree entered by the supreme Court of
Pennsylvania In the above entitled case, II
was ordered thai said mortgages were valid
liens upon the railroad, tolls, franchises,
property, income, estate and premises
therein mentioned, and IL was ordered that
in default being made by the Hempfeld
Railroad Company In the payment OF bonds
with coupons attached within the period
fixed by the said decree, the railroad prop
erty, estate, premises, appurtenances and
franchises, covered by the said mortgage
should be exposed TO sale by public vendue
or cutlery, AZ one entire lot In the city Of
Philadelphia, by the said trustees, 10 whom
all needtul authority for that purpose was
thereby given upon the terms and cOndi-
tons therein mentioned and hereinafter
set forth. And whereas, default has been
made by the said Hempfield Railroad Com
pany In the payment aforesaid. Now,
therefore, notice Is hereby given, that un-
der and by virtue of said decree, William
o. Hughart, William Workman and Joseph
II. Seal, trustees therein named, will, on the
Thirfieth Day Of March, A. ID. 1871,
at twelve o'clock, noon, expose to public
sale, vendue or outcry, the whole OF the
railroad, together with the lands, rights Of
way, bridges, culvertS, uesselwOrk, ina
chinery, depot grounds and buildings stu
ate therein. and also all the tolls, issues, in
come, profits, rights, privileges and fran-
chisss, and also all the cars, engines, loco
motives, tenders or other things used in the
business or management Of said road and
its appurtenances, ut the Merchants TX
change in the city OF Philadelphia. The
railway, above deacribed, il situate In the
counties OF West Moreland, Allegheny and
Washington, in Pennsylvania, and county
OF Ohio In West Virginia.
TERMS OF SALE-The property will be
struck OFF to the highest and best bidder
upon his signing the conditions OF sale
Twenty-Five thousand dollars in cash aud
the balance in twenty days thereafter; pro-
vided, that should the purchaser produce
To the said trustees any OF the bonds secured
by the said mortgages, he shall be entitled to
a credit on the amount then payable by
him In the proportion which the said bonds,
with accrued interest shall bear 10 the
whole amount provided 10 be issued under
said mortgages and upon the receipt for the
amount OF said credit being given him, the
proper credit shall then be endorsed on
said bonds. When the purchase money
shall have been paid or receipted for, and
the sale confirmed by the court, the said
trustees will execute and deliver 10 the
purchaser a sufficient deed or deeds con-
veying the premises unto him in fee simple.
WILLIAM q. HUGHART,0
WILLIAM WORKMAN, Trustees.
JOSEPH II. SEAL,
jan23