The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-24
IN THE SUPREME COURT OF
| Pennsylvania, for the Eastern District.
Patterson ct al,

TN THE SUPREME COURT OF
| PENNSYLVANIA, for the Eastern District.
Patterson ct al,
vs..
The Hempheld Railroad Company ct al.
Whereas, the Hempfeld Railroad Com
many, by mortgage dated June q, 1855, Octo-
her 10, 1855, November ~, 1855, and February
), 1857, and duly recorded, did grant, ana
assign unto Francis II. Drexel, Joseph IL.
Seal and Frederick Klett, the whole oil the
estate, property, real, personal ana mixed
of said company, with its 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 nj wheeling, In the
state OF West Virginia, and the town al
Greensburg in the state of pennsylvania
and, also, all the franchises, tolls, issues, III
come and profits OF the said company here
after derived TO them from the Use OF or
travel on their said road, or any part there
Of, and, also, all the cars, engines, locomo-
tiyes, tenders, horse carts, and all other IN
lures and things and appurtenanceS what
sOcver, used in the management ana busl-
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 In the trust new
bonds of the company, 10 the amOnnt OF
one million Of dollars. And, whereas, by
decree entered by the Supreme Court on
Pennsylvania in the above entitled caSe, II
was ordered thai said mortgages were valid
liens upon the railroad, tolls, franchises,
property, income, estate ana premises
therein mentioned, and II was ordered that
i'm default being made by the Heinpheld
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 10 sale by public venduc
or cutlery, as one entire lot, in the city Of
Philadelphia, by the said trustees, Ia whom
all needful 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 Hemphcld Railroad Com
pany In the payment Aforesaid. Now,
therefore, notice il hereby given, that I'M
der and by virtue Of said decree, William
q. Hughart, William Workman and Joseph
II. Seal, trustees therein named will, on the
Thirtieth Day Of March. 4. ID. 1871,
nj twelve o'clock, noon, expose To public
sale, vendue or OutcTy, the whole Of the
railroad, together with the lands, rights Of
way, bridges, culyerts, tresselwork, ma
chinery, depot grounds and buildings stu
ate therein. and also all the tolls, issues, in
come, profits, rights, privileges and fran
chises, and also all the cars, engines, loco
motives, tenders or other things used In the
business or management Of said road ands
its appurtenances, at the Merchants EX-
change, in the city Of Philadelphia. The
railway, above dcacribed, is situate In the
counties OF West MOreland, Allegheny and
Washington, I'm 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 and
the balance I'm 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
n credit on the amount then payable by
him in the proportion which the said bonds,
with accrued interest, shall bear TO 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 10 the
purchaser a sufficient deed or deeds con-
veying the premises unto him In fee simple.
WILLIAM D HUGHART,)
WILLIAM WORKMAN, Trustees.
JOSEPH ii. SEAL
Jan23