The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-02-04
PUBLIC SALE.
IN THE SUPREME COURT OF
| PENNSYLVANIA, for the Eastern District
Patterson ct al,

VS..
The Hcmpfield Railroad Company ct al
Whereas, the hempfield Railroad Com
many. by mortgage dated June a, 100, Octo-
ber 10. 1856, November y, lSJ6, and FEBRUARY
), 1857, and duly recorded, did grant, ala
assign unto Francis II. Drexel, Joseph II.
Seal and Frederick Klett, the whole OF tne
estate, property, real, personal ana mixed
of said company, with It's franchises, III
Guiding the entire railroad and ROAD bed,
and rights of way, together WIN an lle
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 Oh
Greensburg in the State OF PennsylNahla'
and. also, all the franchises, tolls, issues, IN
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 loconlo-
lives, tenders, horse carts, and all other nS-
lures and things and appurtenances wnat-
soever, used in the management ana DUST
ness of said railroad, to have and 10 hold,
all and singular, the estate ana premises,
Entertainments and appurtenances thereDS
granted, or intended to be, unto the saiu
trustees or their SUCCESSORS In the U ust, new
ertheless, for the benefit ofthe holders OF the
bonds OF the company, TO the amonnt OF
one million of dollars. And, whereas, by a
decree entered by the supreme Court OF
Pennsylvania in the above entitled case, u
was ordered thai said mortgages were Nallu
liens upon the railroad, tolls, franchises,
property, income, estate and premises
therein mentioned, and II was ordered thal
in default being made by the Hempneld
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 ana
franchises, covered by the said mortgage
should be exposed TO sale by public vendue
or outcry, as one entire lot, In the city OF
Philadelphia, by the said trustees, 20 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 Hempfield Railroad Com
pany in the payment aforesaid. Now,
therefore, notice Is hereby gwen, that I'M
der and by virtue Of said decree, William
0. Hughart, William Workman and Joseph
III. Seal, trustees therein named, Will, on the
Thirtiefh Day OF March, a. ID. 1871,
at twelve o'clock, noon, expose TO public
sale, yendue or cutlery, the whole OF the
railroad, together with the lands, rights OF
way, bridges, culvertS, 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 and
its appurtenanccs, at the Merchants tx
cDAnRt III the vi
railway, above deacribed, is 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 he
struck Off to the highest and best bidder
upon his signing the conditions OF sale !:
Twenty-Five thousand dollars in cash and
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 he entitled to
a credit on the amount then payable by
him I'm 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 To the
purchaser a sufficient deed or deeds COLI
vcying the premises unto him I'm fee simple.
WILLIAM o. HUGHART,)
WILLIAM WORKMAN, Trustees.
JOSEPH II. SEAL,
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