The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-03-29

TN THE SUPREME COUkT OF
l. Pennsylvania, for the Eastern District.
Patterson ct al,

~.
The Hempfeld Railroad Company ct al.
Whereas, the Hempfeld Railroad Com
her 10, 1853, November q, 1855, and February
s. lSG, and duly recorded, did grant, ana
assign unto Francis II. Drexel, Joseph u.
Seal and Frederick Klett, the whole OF the
N said company, with its franchises, In.
ciudine the entire railroad and road bed,
and rights of way, together with all the
lands, depots, depot grounds and ouiidlngs,
situated between and at the corporate ter
state of West Virginia, and the town OF
Greensbury in the State Of Pennsylvania,
and. also, all the franchises, tolls, issues, In
come and profits Of the said company mere
after derived to them from the use OF or
t-ayel on their said road, or any part there
~ and also. all the cars, engines, locomo-
tiyes. tenders, horse carts, and all other nx-
tures and things and appurtenances what-
soeyer used in the management ana pusi-
ness of said railroad, TO have and 10 hoiu,
all and singular, the estate anu p.emlsts,
hereiitaments and appurtenances thereby
granted, or intended to be, unto the SAID
trustees, or their successors in the trust, heV-
ertbeless. for the benefit ofthe holders OF the
bonds OF the company, 70 ine aInonnt VI
one million of dollars. And, whereas, py u
Pennsylvania in the above entitled case, ].
was ordered thai said mortgages were Sans
liens upon the railroad, tolls, franchises,
property, income, estate ana premises
therein mentioned, and IL was ordered sl M,
i'm default being made by the Henpneia
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 anu
franchises, covered by the said mortgage
should be exposed to sale by Pupne ' e',r nf
Philadelphia, by the said trustees, TO whonn
ALI needful authority for that purpose was
thereby given upon the terms ana conai-
tions therein mentioned and herelnalter
set forth. And whereas, default mas peen
made by the said Hemptield Railroad Com
pany in the payment aforesaid. now,
therefore, notice Is hereby given, that I'M
der and by virtue OF said decree, W illanl
o. Hughart, William Workman and Joseph
H. Seal, trustees therein named, WILL on the
Thirtfeth Day OF March, A. ID. ISL
at twelve o'clock, noon, expose TO pubic
sale, vendue or outcry, the wnoie Oh ths
railroad, together with the lands, rights Oh
way, bridges, culverts, tresselwork, ma
chinery, depot grounds and buildings stu
ate therein. and also all the tolls, ISSUES, III
come, profits, rights, privileges ana ran
chises, and also all the cars, engines, loco
motives, tenders or other things used In the
| business or management OF said road ana
| its appurtenances, at the Merchants TX
| change, in the city Of Philadelphia. Inc
| railway, above deacribed, Is situate IN tns
counties OF West Moreland, Allegheny ana
Washington, in Pennsylvania, and county
of Ohio In West Virginia.
! TERMS OF SALE-The property VIII De
struck of to the highest and best biddei
upon his signing the conditions OF sale
Twenty-Five thousand dollars in cash ana
the balance in twenty days thereafter; pro-
vided, that should the purchaser produce
| to the said trustees any OF the bonds secureu
| by the said mortgages, he shall be entitled 10
| a credit on the amount then payable by
| him I'm the proportion which the said bonds
with accrued interest, shall bear 10 the
whole amount provided to 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 TO the
purchaser sufficient deed or deeds con
| viewing the premises unto him in fee simple
| WILLIAM q. HUGHART,o
WILLIAM WORKMAN, Trustees,
JOSEPH III. SEAL,
jan23