The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-03-09
PUBLIC SALE.
TN THE SUPREME COURT OF
i Pennsylvania, for the Eastern District'
Patterson ct al,

=
Patterson ct al,
VS..
The Hempfield Railroad Company ct al.
Whereas, the Hempfield Railroad Com
many, by mortgage dated June q, 1855, Octo-
her 10, 1856, November g. 1855, and February
8. 1851, and duly recorded, did grant, and
assign unto Francis II. Drexel, Joseph II.
Seal and Frederick Klett, the whole OF the
estate, property, real, personal and mixed,
OF said company, with its franchises, in
cIuding the entire railroad and road bed,
and rights of way, together with al the
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 OF
Greensbury in the state OF pennsylvania,
and, also, all the franchises, tolls, issues, IN
come and profits of the said company here
after derived to them rom the use on OK
travel on their said road, or any part there
OF, and, also, all the cars, engines, locoino-
tiyes tenders, horse carts, and all other nN-
lures and things and appurtenances Whit
soever, used in the management ana DUST
ness of said railroad, TO have and 10 hold,
ali and singular, the estate and premises,
hereditaments and appurtenances thereDS
granted, or intended TO be, unto the said
trustees, or their SUCCESSORS In the trust, new
ertheless, for the benefit ofthe holders OF the
bonds of the company, TO the amount OF
one million of dollars. And, whereas, by a
decree entered by the Supreme Court oi
PENNSYLVANIA in the above entitled case II
was ordered thai said mortgages were wand
liens upon the railroad, tolls, franchises,
property, income, estate anu pre- rein iSes
in default being made by the Hempfeld
Railroad Company in the payment OF bonds
with coupons attached within the period
fixed by the said decree, the railroad prop
erty, estate, premises, appurtenanees anu
franchises, covered by the said mortgage
should be exposed TO sale by public vendue
or cutlery, as one entire lot, in the city oil
PHILADELPHIA, by the said trustees, To whom
all needful authority for that purpose was
thereby given upon the terms ana conui-
tions therein mentioned and hereinafter
set forth And whereas, default has been
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 liam
q. Hughart, William Workman and Joseph
II. Seal, trustees therein named, Will, on the
Thirtieth Day Of March. A. ID. ISL
at twelve o'clock, noon, expose 10 pubic
sale, yendue or ouicry, the whole OF the
railroad, together with the lands, rights OF
way, bridges, culverts, tresselwork, ma
chipery, depot grounds and buildings situ-
ate therein. and also all the tolls, issues, In
come, profits, rights, privileges ana ran
| chises, and also all the cars, engines, loco
motives tenders or other things used In the
| its appurtenances, at the Merchants TX
change, in the city of Philadelphia. The
| railway, above Cteacribed, is situate In the
counties OF West Moreland, Allegheny and
Washington, in Pennsylvania, and county
| OF Ohio In West Virginia.
TERMS - SALE-The property will be
| struck off 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-
yided, 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 In the proportion which the said bonds,
with accrued interest, shall bear To the
whole amount provided Ia be issued under
said mortgages and upon the receipt for the
amount OF said credit being given him, the
proper credit shall then he 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 con-
Yeying the premises unto him In fee simple.
WILLIAM o. HUGHART,)
WILLIAM WORKMAN, Trustees.
JOSEPH ii. SEAL,
jan23