The Morning herald., 1876-10-03
WILMINGTON a. READING
F0st1'0'sonse'st OF Che Sale of the Road
The Reaso's Of Posfpomensemt- mt-L Nar-
sObclv Escapes tho Hammer,

| F0seto'sensent OF Che Sale of tte Road.
The Reason Of Posfpomenemt 1t Nar-
ro~ly Escapes the Hannser.
In the October Term of the United States
District Court In Philadelphia, which began
yesterday, in the matter of the Wilmington
and Reading Railroad Company, an appeal
having been taken, L. W. Smith, Esq, for
| the appellees, gave notice of his intention
10 move to have the appeal quashed, and
| asked that the sale be adjourned for thirty
days. There being no opposition, the ad-
journment was endorsed.
The Philadelphia Evening Telegraph
of yesterday says:
cat DON to-day In the Merchants Ex-
change, Third and Walnut streets, NJ.
Thomas q Sons, auc,ioneers, was to have
sold the railroad of the Wilmington and
Reading Railroad Company. The sale was
ordered under and by virtue of a decree en-
tered the 9th day of June, 1876, in the suit
of Edmund d. Randolph vs. The Whining
ton and Reading Railroad Company and
others, and in the exercise of the power
conferred upon the trustees, Messrs. Geo.
Brooke, A. Gibbons, and George Richardson
under mortgage of the company dated
March 3, 1868.
The Wilmington and Reading Railroad
extends from point ON the line of the
Philadelphia and Reading Railroad at or
near Birdsboro, in Berks county, to the city
of Wilmington, Delaware.
The sale includes all rights, privileges,
immunities, and franchises of the said road
under any and all grants from the State Of
Pennsylvania, but excludes the franchises
granted by the State of Delaware. It fur
| rher embraces the equipments of the road,
consisting Of all locomotives, cars, and roll
ing stock, and also all the right of way and
land occupied or used in connection with or
for the construction, completion, and main
tenaDce ofthe road, together with all the
bridges, culverts, side tracks, depots, depot
grounds, stations, machine shops, build
ings, and other structures and improve
meLts ofevery kind and description acquir-
ed and erected or connected with said rail-
road, whether in this State or in Delaware.
The said properly was 10 be sold clear Of
all incumbrance, subsequent to the lien OF
said mortgage, to the highest and best bid
der upon his signing the conditions of sale,
paying $10O, 900 in cash of the purchase
money when the property Is struck off, and
the balance within thirty days after the
confirmation of the sale by the United
States Circuit Court for this district.
At II o'clock, pursuant to notice, there
was present at the Merchants Exchange
quite large number OF railroad men, inte~-
esled especially in the disposal of the road.
1t was limited that the sale wouldn't take
place, for when Mr.. Ellis, the head Of tha
auction firm af Thomas & Sons, mounted
the rostrum, it was Immediately to give
notice of that fact in these wards:
Gentlemen-Your attention for moment,
until read this communications
Noic-In the matter of the sale of the
Wilmington and Reading Railroad, adver-
tised to be sold at this day noon.
The public are respectfully notified that.
by order of the Circuit Court of the United
States for the Eastern District of Pennsyl-
vania, made this day, the trustees of the
mortgage Of March 8, 1868, are hereby or
dcred to adjourn the sale until the LIST OF
Nov, 1876, at IL o'clock, to which time the
sale is announced.
October 2, 1876.
There are two mortgages on the road.
The first is for Sl,2l2, 800, and it is
upon this that the trustees obtained, after
suit, the decree of sale. The second mort
gage is for 81, 100000, and the trustees of
the mortgage on Saturday last went TO
Washington, and obtained from Mr.. Justice
Miller, of the Supreme Court, supersedeas
over the decree Of the Circuit Court of the
Eastern District of Pennsylvania, on the
ground of no Jurisdiction.
This action In Washington was taken
without notice to the first mort gage holders.
These facts, and the action of the Supreme
Court, now being held in this city, where
upon all order of adjournment was made,
with the result as stated.