The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-03-06
PUBLIC SALE.
IN THE SUPREME COURT OF
L Pennsylvania, for the Eastern District.
Patterson ct al,

IN THE StPREME sOthi VI
L Pennsylvania, for the Eastern District.
Patterson ct al,
W,
The Hemphcld Railroad Company ct al.
Whereas, the Hcmpfield Railroad Com
pany, by mortgage dated June =, 1850, Octo-
Der 10, 1856, November ~, 1856, and February
;, 1851, and duly recorded, did grant, and
assign unto Francis III. DrCNel, Joseph II.
Seal and Frederick Klctt, the whole Of 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 I'll"
lands, depots, depot grounds and buildings,
situated between and ut the corporate Ter
mini OF the railway nj Wheeling, In the
State Of West Virginia, and the town OF
GreenSbUrg in the state of Pennsylvania,
and, also, all the franchises, tolls, issues, In
come and profits Of the said company here
after derived 10 them from the use of or
travel on their said road, or any part there
OF. and, also, all the ears, engines, lOcomO-
tiveS, tenders, horse carts, and all other fiN-
lures and things and appurtenanccS what
sOever, used In the management and buSi-
ness of said railroad, To have and To hold,
all and singular, the estate and premises,
hcreditamcuts and appurtcnanccs thereby
granted, or intended To be, unto the said
trustees, or their SUCCESSORS in the trust, new
eTthcleSs, for the benefit Ofthc holders Of the
bonds ~ the company, To the aInOnnt OF
one million of dollars. And, whereas, 10y n
decree entered by the Supreme Court al
Pennsylvania In the above entitled case, II
was ordered thai said mortgages were valid
liens upon the railroad, tolls, franchises
property, income, estate and premises
therein mentioned, and II was ordered that
In default being made by the Hemphold
Railroad Company In the payment OF bonds
with coupons attached within the period
fixed by the said decree, the railroad prop
u.
franchises, covered by the said mortgage
should he exposed 10 sale by public venduC
or cutlery, ~ one entire lot, in the city al
Philadelphia, by the said trustees, 10 whom
all needful authority for that purpose wa
thereby given upon the terms and condi'
tons therein mentioned and hereinafter
set forth. And whereas, default has been
made by the said Hempfeld Railroad Com
pany In the payment Aforesaid. Now
therefore, notice Is hereby given, that un.
der and by virtue Of said decree, William
.. Ilughart, William Workman and Joseph
ii. Seal, trustees therein named, VIII, on tho
Thirtieth Day Of March, a. ID. 1871
at twelve o'clock, noon, expose to public
sale, Ycndue or cutlery, the whole Of the
railroad, together with the lands, rights oi
way, bridges, culvcrts, treSselwOrk, ma.
chincry, depot grounds and buildings stu
ate therein. and also all the tolls, issues, In
come, profits, rights, privileges and fran
cIllStaS ana also Ill the cars, cllkiutS, loco
motives, tenders or other things used I'm tho
business or management Of said road and
its appurtenances, at the Merchants TX
change, in the city Of Philadelphia. Tho
railway, above deacribcd, 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 bt
struck of 10 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 producs
to the said trustees any OF the bonds secured
by the said mortgages, he shall be entitled Ia
a credit on the amount then payable by
him In the proportion which the said bonds
with accrued interest, shall bear To ths
whole amount provided 10 be issued undeI
said mortgages and upon the receipt for tho
amount OF said credit being given him, tbs
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 this
purchaser sufficient deed or deeds con
veying the premises unto him In fee simple
WILLIAM %. HUGBART,)
WILLIAM WORKMAN, Trustees
JOSEPH II. SEAL,
JanZ3