The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-01-26
PUBLIC SALE.
IN THE SUPREME COURT OF
L Pennsylvania for the Eastern Distrlct.
Patterson ct al,

IN THE SUPREME COURT OF
| PENNSYLVANIA. for the Eastern District.
Patterson ct al,
The Hempfeld Railroad Company ct al.
Whereas, the Hempfed Railroad Com
pany, by mortgage dated June 2, 1879, Octo-
Der III, 1876, November ~, 1856, 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 tei-
mini Of the railway AT Wheeling, In the
state of West Virginia, and the town OF
GrecnSburg 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 from the use OF or
travel on their said road, or any part there
Of and also, all the cars, engines, lOcOlnO-
tives, tenders, horse carts, and all other fix
lures and things and appurtenances what
SOeyer, used in the management ana DuSl-
ness of said railroad, to 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
ertheeSs for the benefit ofthe holders OF the
bonds OF the company, To the amOnnt OF
| one million of dollars. And, whereas, 10y a
decree entered by the Supreme Court OF
| 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 Hempfield
| 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 cutlery, as one entire lot, in the city OF
| Philadelphia, by the said trustees, to whom
all needful authority for that purpose was
| thereby given upon the terms ana condl-
tons 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, Wlllam
O. Hughart, William Workman and Joseph
III. Seal, trustees therein named, VIII, on the
Thirtieth Day of March. A. ID. 1871,
at twelve o'clock, noon, expose to public
sale, vendue 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
cTlSpS, anu also iii Tie wv
motives tenders or other things used In the
business or management of said road and
its appurtenances, at the Merchants IN
change, in the city of Philadelphia. The
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 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 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 be entitled to
a credit on the amount then payable by
him in the proportion which the said bonds,
with accrued interest, shall bear 10 the
whole amount provided to be issue9, nPfsr
said mortgages and upon the receipt Tor 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 con-
yeying the premises unto him in Zee simple.
WILLIAM o. HUGHART,)
WILLIAM WORKMAN, Trustees.
JOSEPH II. SEAL,
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