The States and Union. [volume] (Ashland, Ohio) 1868-1872, 1871-07-05
Masters Sale

Railway Company, the Atlantic and Great
Western Railroad Company, the Atlantic
and Great Western Railroad Company of
Pennsylvania, and the Atlantic and Great
Western Railroad Company in New York,
IN THE CLEVELAND AND MAHON-
ING RAILROAD.
In pursuance of an order of sale to me di-
rected by the Court of Common Pleas of
Summit County. Ohio, upon a judgment in
a certain action prosecuted ir said Court,
wherein John r. Penn was aud is plaintiff.
and the Atlantic and Great Westerh Rail-
way Company and others, Defendants, 1
shall offer at public sale on the Goth day of
July, A. D. 1871, between the hours of II
o'clock A. NJ. and 4 O'Clock P. NJ, of said
day, at the door of the Court House in Ak
ron, in said county of Summit, in order to
satisfy said judgment, the following proper
ty, that is to say
FIRST. All the railroad of said Atlantic
and Great Western Railroad Company, and
said Atlantic and Great Western Railway
Company, beginning at the point in the line
between the States of Ohio and Pennsylva-
mia, in the county of Trumbull, where said
Railroad joins with a railroad of the same
gauge in the State of Pennsylvania, and ex-
tending through the count les of Trumbull,
Portage, Summit, Medina, Wayne. Ash
land, Richland, Crawford. Morrow, Mari
on, Union, Champaign, Clark Green, and
iLltO the equity VI montgomery, dS d as,
and including the terminus of said road in
the city Of Dayton, and the Silver Creek
Branch, and all other branches of said rail-
road IN tie State of Ohio, and all the right
of way, and the lands occupied thereby, and
the superstructure and the tracks thereon.
and all the iron rails, ties, and other mate
rials laid thereon, and all bridges, viaducts.
c~ulverts and fences, and all grounds and
premises used or designed to be used for
depots, stations, shops or otherwise, for the
purposes of said railroad, or branches, and
all the buildings thereon, and all the appur-
tenances belonging thereto, including ma
chinery therein, and all other lands whatsc-
ever in said counties belonging to said Com
panies or either of them, and all the rights,
privileges AMI franchises of said Atlantic
and Great Western Railroad Company, and
of the Atlantic and Great Western Railway
Company in the State of Ohio, including
the right to maintain and operate the said
railroad and branches, and to demand and
receive compensation for the transportation
of passengers and property thereon.
SEcoND-Also, two hundred and forty
seven three hundred and lightweight (247-
1881 parts OF all engines, tenders. cars, tools,
machinery, moterials, and all other person
al property, right thereto, or interest there
in, owned by said Atlantic and GREET West
ern Railway Company, and which is either
now used, or procured TO be used, upon or in
connection with its broad gauge tracks OF
railroad in the States of Ohio, Pennsylvania
and New York.
THIRD-Aiso, the entire leaseho!d inter
est of the Atlantic and Great Western Rail
way Company, the Atlantic and Great West
orn Railroad Company, the Atlantic and
Great Western Railroad Company Of Penn
sylvania, and the Atlantic and Great West
ern Railroad Company in New York, in the
Cleveland and Mahoning Railroad, acquired
under the leases from said Cleveland and
Mahoning Railroad Company, bearing date
the 7th day Of October. A d. 1868, and the
26th day ofScptember, a. d. 1865, also all
the engines, tenders, cars, tools. machinery
materials, and all other personal property,
right thereto, or interest therein, used or ro-
cured to be used, upon he narrow guage
track of the Cleveland and Mahoning Rail
road, or in connection with the business OF
said narrow grage tracks, and also all the
lots IL lands purchased and held or leased,
and held by said Atlantic and Great West
ern Railway Company, or by Robert &. Pot
ter, as Receiver, or by said divisional conf
panies, or either ofthem, for the accommo.
dation of said Cleveland and Mahoning
Railroad, including as well that which is
! particularly described in the twenty-eightt
paragraph of the second Special Report o.
Samuel Williamson, Special Master Com
missioner, flea in said action, as in any 9th
er that may have been purchased or leased
and is now held for the purposes aforesaid
by said companies, or either of them, or by
said Potter.
All ofsaid property, franchises, and appur.
tenances, mentioned and described in the
first and second paragraphs ofthis advertise.
ment, and two hundred and forty-seven three
hundred e~ighty-eighth f247-3SS) parts OF
that mentioned and described in the third
paragraph thereof, will be sold subject to the
lien and incumbrance of the mortgage exc
cuted by the Atlantic and Great Western
Railroad Company to Azariah &. Ft-gg
and Charles J.. Stednan, and of the mort
gage and deed Of farther assurance, executed
by said Company to Azariah q. Flagg and
Frederick Schuehardt, amountingt 70 the sum
of$1.191 $3.50 for overdue coupons O the
first day of March, A. u. 1877, and for inter-
est thereon to said last named day, to the
further sum ofS2Oi, 09r.94 and to the fur
Their sum of $3.50, 92S.05 for coupons which
fell due on the first day of April, AID. III,
and also to the further sum of So, 140.OOO.OO
in the bonds of said Company secured by
said mortgage, and mortgage and deed of
further assurance, which will become due
and payable on the first day of October, A
D. 1876, bearing interest at the rate of seven
per cent. per annum, payable s~emi-aunnailv
on the first day ofeach October and April:
until the principal of said bonds shall be
paid and also subject to all the restrictions
upon the sale or other disposition thereof,
until such lien is ~extinguished which now
exist against said Railway and Railroad
Company, and my and all parties to said
action; and also subject to the further pro-
vision contained in said Judgment, that the
lien Of said mortgage, and mortgage and
deed OF further assurance, shall extend to
and embrace all requirements and renewals
and all property subsequently acquired and
placed upon said premises by the purchaser
or purchasers at this sale, or by their sue
cessor or successors and assigns, for the ac-
commodation ofthe business ofsaid railroad,
and comprehendcd within the descriptions
of said mortgage and mortgage and deed OF
further assurance.
All of said property and ap~purtenances
mentioned and described in the third para
graph of this advertisement will be sold
subject to the stipulatIons contained in the
aforesaid leases from the Cleveland and Ma
honing Railroad Company, and also to the
incumbrance ofthe chatteL mortgage to said
last named Company, specified in said judg-
ment, upon the narrow gauge rolling stock
therein mentioned.
The whole property will be sold as an en-
tirety, and not less than one hundred thou
sand dollars viii be required to be paid in
cash to the undersigned at the time Of sale.
The property viii not be sold at less than
t~wo-thirds ofthe appraised value thereof.
The property, franchises and appurtenan-
ces mentioned above, subject to the liens
mentioned-above, are appraised at S.
653,233.
REUBEN HITCHCOCK,
Special Master Commissioner.
June II, 1871-no49.
ID CAIE