The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1880-07-07
miscellaneous.
.URSUANT TO THE DECREE O.

DURSUANT TO THE DECREE OF
- Foreclosure made in the case OF
James S. Gibbes VS. the Greenvillc and
Columbia Railroad Company ct al, in the
matter of the Laurens Railroad, by the
Hon. j. B. Kershaw, presiding in the Court
of Common Pleas for Richiand County,
April Term, 1886, dated April 10th, 1880,
will sell at public auction in the City Of
Columbia, on the FIRST MONDAY Of
August next, at II o'clock noon,
all and singular the RAILROAD con.
structed upon and over the line or route
from point at or near the lowD Of New
berry, in the County OF Newberry, in the
State aforesaid, to the Town Of Laurens. in
the County Of Laurens, in the State afore-
said; and also all the Lands, Tenements
and Hereditaments aequir, & and appro-
priated for the purpose OF right Of way
for said Railroad and ali the easements and
appurtcnances thereto belonging, 0, in
anywise incident or appertaining. and ali
Railways, Ways and Rights Of WAYS, De-
Fairgrounds and other Lands, all Tracks,
Bridges, Viaducts, Culverts, Fences and
other structures, all Depots, Station-honses,
Engine-houses, Car-houses, Freight-houseS,
Wood-houses Warehouses, Machine-shops.
Work shops, Superstructurcs, Erections and
Fixtures held and acquired for the use Of
the said Railroad, together with all the
Locomotives, Tenders, Cars and other Roi-
ling-stock and Equipments, and all Ma
chinery, Tools, Implements, Fuel and Nate
rails for the constructing, operating, re-
pairing or replacing said Railroad Or any
part thereof, or convenient or necessary
for the use in connection Herewith, TO-
gether with all franchises connected with
or related to the said Railroad, or the con-
struction, maintenance, or use thereof now
held or acquired by the Greenville and
Columbia Railroad Company, and all corpo-
rate franchises of any nature, including the
franchise to be a corporation, which arc
now possessed and exercised by the said
Greenville and Columbia Railroad Com
pauy, together with all and singular the
endowments, income and advantages to the
above mentioned lands, railroad or property
belonging, or in anywise apper.ainiRg, the
reyersion or reyersions, remainder and re-
mainders, tolls, incomes, rents, issues and
profits thereof; and also al the estate,
right, title, interest. property, possession,
claim and demand whatsoever, as well in
the law as in the equity, present or pros
pect;ve, of the said GreeRyille and Colum-
bia Railroad Company, in and to the same,
every part and parcel thereof, with the ap-
purteuances, upon the following terms:
Twenty thousand dollars in cash to be
paid Immediately after the close Of the
bidding, the balance Of the purchase money
to be paid within thirty days after the day
of sale, with interest from the said day Of
sale; and tae master may require of any
bidder during the progress Of said sale to
deposit the sum of twenty thousand dollars
in cash in bank in the city Of Columbia,
to his order. In case Of refusal to pay the
cash or make the deposit, the bid shall be
disregsrded and the sale be proceeded with
as if the same bid had not been made.
If the purchaser shall, within the period
of thirty days above referred to, pay the
whole of the purchase money, the sale shall
be closed; hus in case the purchaser shalt
fail and make default in such payment at
or within the time hercinbefore designated
fo. making the same, the master shall at
once, and without delay, proceed TO resell
the said property on the same terms as
have been hereinbefore set forth, TO the
highest bidder, at the risk Of the former
purchaser, who shall be liable for any
loss or deficiency because Of such resale,
and any and all payments which have been
made by such purchaser shall become for~
feited, nor shall the same in any contin-
gency or event to arise be recovered back
or reclaimed by such purchaser. Any
bond or bonds. of the Greenville and Col
umbia Railroad Company secured by the
mortgage executed to James Conner, Isaac
Hayne and George D. Bryan, Trustees, by
said Company on the 29th day Of April.
1876, may be made use of in the payment
of such portion or portions Of the purchase
money as in the distribution Of the pro-
ceeds of said sale may be applicable to
sucL bonds or bonds or coupon thereof,
and that to this extent the same may DO
used in settlement Of the purchase Of saiG
property; bat in no event shall the right
now given relieve any purchaser or par
chasers at the close Of the bidding, when
the same is accepted, from paying in cash
such an amount as may De required to dis
charge claims for costs, charges and dis
bursements in this cause and Of the sale
now ordered and decrced to be made.
NATHANIEL B. RAkNWELL,
June, 9, 23-SE. Master.