The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-03-16
TN THE, SUPREME COURT OF
L Pennsylvania, for the Eastern District.
Patterson, ct al,


The lTcmpACld Railroad Company,et al.
WHEREAS, Tho llempaeld Railroad Company,
by mortgage dated June q, 1855, October 10, 1855,
NOvGm6Cr29 %, 1885, and February D, 1857. and duly
recorded, did grant, and assign unto Francis II.
Drexcl, Joseph II. Seal and Frederick Klctt, tho
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 withAll the lands dCpOts,
depot grounds, and buildings, situated between,
and at the corporate ternlnI Of the railway a.
Wheeling, In tho State Of West Virginia, and the
town Of GrecnsbuFg, In the State Of Pcnnsylvn.
lln anu also. all the franchises, tolls, issues, In
come and profits Of tho said Company hereafter
derived to them from the use Of or travel oil their
said road, or any part thereof and, also, all the
cars, engines, locomotives tenders, horse carts,
and all other fixtures and things and appurte.
nancGs whatsoever, used In the management and
business Of the said railroad, to have and to hold,
all and singular, the estate and premises, hcrcd'
itamentS and applrtGnAuCeA thereby granted or
Intended 10 be, unto the said Trustees or their
successors In tho Trust, nevertheless for the ben.
eHt Of the holders Of the bonds Of the Company,
to the amount Of one million Of dollars. And,
whereas. by u decree entered by tho Supreme
Court Of Pennsylvania In the above entitled case,
| II was ordered that said mortgages were valid
liens upon the railroad tolls, franchises, proper.
~, income, estate and premises therein mention
ed, q, It was ordered that In default being made
| by lG llCIllUueIu pay
ment Of bonds with coupons attached within the
period Rxed BY the said decree, the railroad, pro-
pCrty, estate, premises, AppurtCnAnCes and iran
ChlsCs covered by the said mortgage should be
exposed to sale by public YenduC or cutlery, 81
one entire lot In the city Of Philadelphia, by the
said Trustees, to whom all needtul authority GoE
that purpose was thereby given upon the terms
and conditions therein mentioned and herelnaf
ter set forth. And whereas, default has been
made by the said HcmplGld Railroad Company
In the payment aforesaid. Now, therefore, no
tlcC Is hereby given, that under and by virtue o.
said decaee, William Y. Hughart, William Work
man, and Joseph Il: Seal, Trustees therein
named, will, on the TuIRT1ETn day Of March
A. D., 1871, at twelve O'Clock, noon, cxpsse &c
public sale, VenduG or OutcFy, the whole Of thu
Railroad, together with the lands, lights Of way
bridges, culverts, tressClwOtk, machinery, depO
grounds and buildings situate therein, and GlsC
all the tolls issues, income, profits, rights, prvi
leges and franchises, and also all tho cars, en-
ElnGS, locomotives, tendeEs or other things uset
| In the business or MANAGEMENT OF said Road ant
Its appurtenances, at tho Merchants Exchange
in the City Of Philadelphia. The Railway above
described Is situate In the counties Of West
moreland, Allegheny and Washington, in Penn
TERMS OF SALE.
The property will be struck OF to tho hIghes
and best bidder upon his signing the conditions
Of sale: Twenty-Five Thousand Dollars In cast
and the balance in Twenty days thereafter. pro
vlded, that should the purchaser produce TO TIT
said Trustees any OF the bonds secured by TIT
said mortgages he shall be entitled to credit OF
the amount then payable by him In the proper
ton which the said bonds, with accrued interest
shall bear to the whole amount provided to bC
Issued under said mortgages, and upon the re
Celpt for the amount Of said credit being glVgT
him, the proper credit shall then DO endorsed Of
said bonds. When tho purchase money shall have
been paid or rtCeipted for, and the sale confirm
cd by the Court, the said Trustees will execute
and deliver to the purchaser a sufficient deed Of
deeds conveying tho premises unto him in fe(
simple. WILLIAM Q: HUGHART,
WILLIAM WORKMAN.
| .... JOSEPH H. SEAL.
JAn96Th Trustees.