The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-02-07
PUBLIC SALE.
TN THE SUPREME COURT OF
i Pennsylvania, for the Eastern pfs'ret.
Patterson ct al,

vs..
The uempfleld Railroad Company ct al.
Whereas, the hempfield Railroad Com
pany, by mortgage dated June y, 1870, octo-
Der 10, 1856, November =, 1870, ana reut uaI5
I. lsj;, and duly recorded, did grant, ana
assign unto Francis II. Drexel, Joseph n.
Seal and Frederick Klett, the whole OIL the
estate, property, real, personal anu iuiAeu'
of said company, with Its irancnlses, III
Guiding the entire railroad ana roau Deu,
and rights OF way, together WIN az lne
lands, depots, depot grounds and buildlhsS'
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, locomo-
tiyes, tenders, horse carts, and all other fx-
lures and things and appurtenanceS what
soevCr, used in the management ana busi-
ness of said railroad, TO have and 10 hold,
all and singular, the estate and premises,
Embellishments and appurtenances thereby
granted or intended 10 be, unto the stlu
trustees, or their SUCCESSORS IN the trust, new
ertheleSS, for the benefit Ofthe holders OF the
bonds OF the company, TO the amonnt OF
one million OF dollars. And, whereas, by u
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 Hempfeld
railroad Company In the payment oil 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 toe exposed TO sale by public vendre
or cutlery, rs one entire lot, In the city OF
Philadelphia, by the said trustees, 10 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 Hemptield Railroad Com
pany in the payment Aforesaid. Now,
therefore, notice II hereby given, that I'M
der and by virtue Of said decree, William
q. Hughart, William Workman and Joseph
II. Seal, trustees therein named, will, on the
Thiriieth Day Of March. A. ID. 1871,
at twelve o'clock, noon, expose 10 public
sale, vcndue or outcry, the whole Of the
railroad, together with the lands, rights OF
way, bridges, culverts, tresselwork, ma
chinery, depot grounds and buildings situ-
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 III the
business or management OF said road ana
its appurtenances, at the Merchants FIX
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-rhe 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 I'm 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
n 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 10 be issued under
said mortgages and upon the receipt for the
amount ol 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-
veying the premises unto him in fee simple.
WILLIAM - HUGHART,J
WILLIAM WORKMAN, Trustees
JOSEPH III. SEAL,