The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1871-01-26
TN TIE SUPREME COURT OF
J. Pennsylvania, for the Eastern District
Patterson, Il a.,


The Hempaeld Railroad Company, 1t al.
WHAREAs, The Hempaeld Railroad Company,
by mortgage dated Juney7 1855, October 10, 1855,
November ", 1856, and February Q, 1857, and duly
Drexel, Joseph II. Seal and Frederick Klett the
whole Of the estate, property, real, personal and
mixed, OF said Company, with Its ffanchises, In.
Guiding tho entire railroad and road bed, and
rights Of way, together with all the lands, depos,
depot grounds, and buildings, situated between,
and at the, corporate terminl o. the railway 81
Wheeling, In the state Of West Virginia, and the
town Of Grecnsburg, In the. state of PennsylYa'
mia, and, also. all tho franchises, tolls Issues In
come and PROFITS Of the said Company hereafter
derived 10 them from the use OF or travel on tholr
said road, or any part thereof and, also, all the
cars, engines, locomotives. tenders, horse carts,
and all other fixtures and things aud appurte..
nances whatsoever, used In tho management and
business Of the said rairOAd 10 have and 70 hold,
all nnd singular, Tho estate and premises, hercd'
itAments and appurtcnanccs thereby granted or
intended 10 bo, unto the said Trustees or their
SUCCESSORS In the Trust, nevertheless, for tho ben
eft OF tho holders Of the bonds Of tho Company,
10 the amount OF one million Of dollars. And,
whereas. by decree entered by the Supreme
Court OF rrnnsy lYAnla In the above entitled case,
II was ordered That said mortgages were valid
liens upon tho railroad tells franchises, proper.
", income, estate and premises therein mention-
ed, aod y was ordered That ~ default pcing made
ment Of bOnds with coupons attached within tho
period fixed by the said decree, the railroad, pro-
pertJ, estate, premises, appurtenances and iran.
chiscs covered by the said mortgage should be
exposed 10 sale BY public Iendlc or outcry, as
one entire lot, In the city Of Philadelphia, by the
said Trustees, 10 whom all neediul authority for
that purpose was thereby given upon the terms
and conditions therein mentioned and herctnat'
Ter set forth. Aud whereas, default has been
made by the said HOmpaeld Railroad Company
In tho payment Aforesaid. Now, therefore, no.
tice is hereby given, that under and By virtue Of
said decAee, William y. nughart, William Work
man, and Joseph Il: seal, Trustees therein
named, will, on the THIRrlETH day ofAarch,
A, ID, 1871, at twelve O'Clock, noon, exps5e 10
public sale, vOnduu or outcty, tho whole OF the
Railroad, together with the lands, lights OF way,
bridges, culvCrts, tresselwork, machinery, depot
grounds and buildings situate therein, and also
all the tolls Issues income, profits, rights, prv'
leges and franchises, and also all tho cars, Gu.
gines, locomotives, tenders or other things used
n the business or management OF said Road and
Its appurtcnAnces, at thu Merchants, Exchange,
10 tho City OF Philadelphia. The Railway above
described ls situate In the counties Of West
sylyanIG, and county OF Ohio in West Virginia.
TERMS OF SALE.
Tho property will DO struck of TO the highest
and best bidder upon his signing he'condltlons
Of sale: Twenty-Five Thousand Dollars In cash
and the balance In Twenty days thereafter, pro-
vt1ed, that should tho purchaser produce TO tho
said Trustees any Of tho bonds secured by the
said mortgages he shall DO entitled to credit on
the amount then payable by him In tho proper
ton which the said bonds, with accrued interest,
shall boar 10 tho WHOLE amount provided TO b.
issued under said mortgages, and upon tho FcT
celpt for the amount Of said credit being given
him, the proper credit shall then DO endorsed on
said bonds, When the purchase money shall have
been paid or rtcelpted for, and tho sale confirm
cd by the Court, tho said Trustees will execute
and deliver 10 the purchaser q sufficient deed or
deeds conveying the promises unto him In fee
simple, WILLIAM o. HUGHART
WILLIAM WORKMAN,
JOSEPH II. SEAL.
Jan2sTh Trustees