The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1880-07-21
eWlScegltyaaeO2gS.
@TRST4ST IN THE DECREE OF

DURSUANT TO THE DECREE OF
- Foreclosure made in the case OF
James S. Gibbes VS.. the Greenvlle 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 Richland County,
April Term, 1880, dated April 10th, 1880.
will sell at public auction in the City OF
Columbia, on the FIRST MONDAY of
August next, at ~ o'clock noon,
All and singular the RAILROAD con-
structed upon and over the-line or route
from point at or near the Town 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 alOre-
said; and~.eiso all the Lands, Tenements
aud Hereditaments acquired and appro-
priated for the purpose Of a right Of way
for said Railroad and ali the easements and
appurtenances thereto belonging, o, in
anywise incident or appertaining, and all
Railways, Ways and Fights of Ways, De-
pot.groundS and other Lands, all Tracks,
Bridges. Viaducts, Culverts, Fences and
other structures all Depots, Statiou-houses,
Enginehouses, Car-hoases, Freight-housej,
Wcod.hnuScs, Warehouses, Machnc-shopS,
Work shops SuperStructures, Erectons and
Fixt.rrS held and acquired for the use of
the said Railroad, together with all. the
Locomotives, Tenders, Cars and other Rol-
Iing-StocI and Equipments and all Ma
chinery, Tools. Implements, Fuel and Mate
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 10 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 corporation, which are
now possessed and exercised by the said
| Greenyille and Columbia Railroad Com
pany, together with all and singular the
endowments, income and advantages to the
above mentioned lands, railroad or property
belongings or in anywise appertaining, the
reversioa or reyersions, remainder and re-
mainders, tolls, incomes, rents, issues and
profits thereof; and also all the estate,
right, title, interest. property, possession,
claim and demand whatsoever. as we'll in
the law as in the equity, present or pros
pective, Of the said Greenville and Colum-
biz Railroad Company, in and to the same,
every part and parcel thereof, with the ap-
purtenances, 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 the 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
disregarded 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; but in case the purchaser shall
fail and make default in such payment at
or within the time hereinbefore designated
for making the same, the master shall at
once, and without delay, proceed to resell
| tNS SdiO pIOpS!I Oii tHC SSH40 SS' tiS ~S
have been hereiubefore 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 Greenvlle 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
such bonds or bonds or coupon thereof,
and that to this extent the same may be
used in settlement Of the purchase of said
property bat in noevent shall the right
now given relieve any purchaser or pur-
chasers at the close of the bidding, when
the same is accepted, from paying in cash
| such an amount as may be required to dis
charge claims for costs, charges and dis
| bursements in this cause and of the sale
| now ordered and decreed to be made.
NATHANIEL B. BARNWELL,
June, 2, 23-St. Master.