The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1878-01-02


ss Auction s.Af.a:s Future nays....
BY Davenport 6 Coz .
stock Brokers and Auetioneers,
Oficc 11O4 Main street, First National Bank
Building. 81,
COMMISSIONERS sALEATAU &c, 2 |, n
ne or THE y s,.sggSSs 4.
& CHESAPEAKE AND OHIO RAILROAD.
Pursuant TO decpe Of the Circuit Court OF the
March, 1877. and decrees subsequently entered BY
said Cont. in the suit OF Duncan and Calhoun.
trustees, T8. The Chesapeake and Ohio Railroad
Court Of Inc county OF Kanasss. n lie STATE Of
West Virginia entered on the ISM CAV Of Deem
@ s a Ct 5 aaa o%
panY and otherg also therein depending, THO under
signed, as special commisstoner appointed by said
Sdder AZ s she cber
No. l04 Main street, in the city OF Richmond, at
1hs hoaE q e II NJ Day 2E APR sq
GHKs4pEAKE AND ONO RAILROAD COM
PANY, extending and now In operation from a
e ON NE oRo 1e he
tue State of west vlrsinia, toeether with all Us
I EaSsIs n Fs hSfTs s IEyEsEs ,s
BRIDGES and an ofEer Rights and
whatsoeyer 70 the said company 5elong-
i9s hAN o M4asaa saa dsea npRbPk
whereof Is, e6ntatned in the Inventory ana reports
which will be open for Inspection by pers ons pro-
posing to bid, at the Office or the Receiver, In the
c1ta hat "a N r. m.
gular the PREMISES embraced in The port
gage to the Board Of Public Works OF Vir..
Gomisny. besrus date on tlie ist day Of Aprii
1850, Including the rishts, privileges, and fran
chises embracedIn said mortgage; oil aid singular
W.,Fry, william 81. Macfarland, and James Lyons,
pany, bearing date on the I'd day OF june, 1854 All
and singular me premises rights, privileges, and
trust-deed to John B. Young and Robert z. Howl
son, executed by said Virginia Contra, Railroad
Company, bearing date on the 9Th day Of February,
1866; all aud singular tile premises, rights and
privileges, and franchises incnded and conveyed In
and by the trustdeeJ 10 Philo C. Calhoun, William
Butler nIpean william os'9 3, and 1atse so
pany. bearing date on the 1st day of October, 1885,
all and singular the premises, rights, privileges and
trust deed executed by said Chesapeaket and Ohio
Railroad Company TO Ph!lo G. Calhoun and Will
liam Butler DUNCAN, bearing date on the LON day
fses rights, privileges and franchises Included and
conveyed In and by the trust deed executed by sad
Philo {. Calhoun and William X. Kitchen, bearing
date on the 1st day Of October, 1872.
All which will be sold as an entirely free and dis.
charged of and from the liens and incumbTances OF
the said several mortgages and deeds CT trust and Of
and from each and every one Of said deeds Of trust
all and singular the liens of every Kind and descrip
ton in said DEGREES found aud recitea except The
liens for taxes therein referred TO- II any such Hens
shall be established, and the lien for the certificates
Of indebtedness Of the receiver for the payment of
the arrears Of taxes due to the State OF Virginia, If
anyof the said certificates shall remain unpaid ut
the time OF sale. G'Iai -.
TIE TERMS OF SALE WILL BE AS FOLLOWS:
The purchaser shall pay on the day OF SALE or
within such short time thereafter not exceeding
ninety days as the undersigned may designate on the
lars tS200,000l In cash bu. any sums which the
Receiver shall In the meantime have applied ont OF
any earnings Of the road after the day of sale 70 the
interest due and accrued the obligations OF the
Virginia Central Railroad Company, or to such
other purposes as the SANG may have been properly
applied under the orders Of the Court, and any sums
which at the expiration OF The said ninety days he
may have III hand after paying the expenses OF op-
Grating the ro1, shall be DEDUCTED from the amount
For go much OF e purchase money as shall d.
the obligations of the Virginia Central Railroad
Company Ut the date of the trust-deed hereinafter
mentioned as directed TO be made for the security
jor Uhe amount whereof will be esimat ted rs nearly
as possible and made known at day Of sale, credit
Is to he allowed OF three wears from day or sale III
equal annual inSialmeniS, with interest thereon ut
the rate Of six per centum per annum, payable
semi-annually.
: For the further sum of four hundred and eighty
seven thousand tive hundred and seyenty-cgh, dol
lars and ninety cents (S4S7,579.90) representing
the principal sum due un der the lrustdeed To Young
and Howson anu also ths prnclpi OF me several
graph Of said dccreesl, AMI also for any additional
sum which may be due on account OF any Of the
amounts whereof win BIC asccr,aired as near:
possible and 70 made osS az on ve aay OF
from date OF salc with interest at the rate Of eight
upon the sum Of $3.50, BOO, the part thereof which
Of the virginia Central Railroad Company; and
with interest upon the residue Of said principal
sums al the rate OF SIX per centum per annum, pay
For tho further sum OF one million eighteen thou.
sand dollars t$1 s,0o0G representing The prfncl-
to Fry p and Maefariand ami Lyons, and under tie
mortgage to tho Board OF Public Works OF Virginia,
the Is. DAY Of July 1857 with interest at The
OF SIX per crntum per annum, payable semi-an-
nually. Payment of the said several sums for which
credit as above stated is to De allowed and the Dcr-
est thereon, and OF the bonds which may be issued
as herrnaf ter en oned is to be secured by trust.
all and singular the premises sold, constituting d
first lien thereon, to be executed and delivered 10
trastee trustees to be appointed by the Court ST.
of the premises TO the purchaser. ~ &,
The said trust deed shall by Its terms, maintain and
preserve al eXi-ling priorlies Of lion as between
Central Railroad Company. Appropriate and con-
vencnt obligations representing the several sums
a e eres s q
creditors entitled 10 receive the same ana In case
of any Disbursements as to the form and tenor there
courts, on application. To enable the purchaser or
purchasers or his their or assigns
n Ya er of said several l. nm IL respet Which,
credit IS to he allowed lforcsaid and TO provide
for the reimbursement OF sums paid IN respect OF the
indcb' edncss Of the Vrrinia Central Railroad COM
pany, he several specific liens and the expenses OF
the cause. he or they may crs ate and ISSUE from
lime lime, under the said deed OF trust and TO be
secured by the Hen thereof when and to the extent
that the same shall be endorsed with the certificate
of thu tr.tne In said decd 10 that effect bonds to
such The sa
the virginia Central Railroad Company, and the
amount OF such specific liens and expenses, with In
which has been ascertained 10 be due to and decrced
In favor OF the State Of Virginia for arrears OF taxes
and Of such denominations and TENOR as said pGr-
chaser or his representatives or assigns may DETER
mine.
The said bonds are 10 be endorsed by the trustee
when requested to the effect that they are secured
any part of the said exis,ipg Indebtedness OF the
Virginia Central Railroad Company, or OF the said
n or OF o.
by him of the par value thereof with accrued inter-
esf, or upon the surrender 10 him or an equivalent
amount In the obligations required 10 be given by the
purchaser 10 the several creditors Of the Virginia
Central Railroad Com pany rihat part Of the pur
chase-money for which credit Is to be allowed.
The net revenues and earnings Of the property
accruing between the date Of sale and the convey
ance Of possession 10 the purchaser or parchasers
his or their representatives or :ssigns, that may
not be otherwise dispose OF In pursuance OF
the orders OF the Court. win DC appropriated and
applied under direction Of the Court by the
Receiver for the benefit Of the purchaser or pttr-
chasers, his their representatives assigns, and
In the first place towards The payment and discharge
OF that part OF the purch a.e-money applicable to
the payment and Satisfaction OF the past-due 10.