The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1880-06-09
miscellaneous.
.TRSTANT TO THE DECREE OF

~ hOO AM ~ IAN OISSHH VH
L Foreclosure made in the case OF
James S. Gibbes vs.. the Greenvillc and
Columbia Railroad Company ct al, in the
matter Of the Laurers Railroad, by the
Hon. J. B. ker>haw, presiding i'll the Court
Of Common Pleas for Richland County,
April Term, 1880, dated April 10th, 1880,
will sell a; public auction in the City OF
Columbia, on tue FIRST MONDAY Of
August next, at II O'Clock noon,
All aad singular the RAILROAD con-
Structed upon and over the line or route
from 4 point at or near the Town of New
rerrv, in the County Of Newberry, in the
State aforesaid, to the Town Of I4aurenS, in
The County Of LaurcuS, in the State afore-
Said; and also all the Lands, Tenements
and ucrrditan!en!s acquired and appro-
priated for the purpose Of right Of way
lor said Railroad and all the easements and
appurtcnapces thereto belonging, OF III
anywise Incident or appertaining, and all
Railways, Ways and Rights of Ways, De-,
pot-grouuds and other LANDS, all Tricks,
Bridges, Eiaducts Culvcrts, Fences and
other structures; all Depots, St&tion-houses,
Engine.houscS, Car-houSeS, Frcight-houses,
Wood-houscS, Warehouses, Machine-shops,
Work shops, Superstructures, Egections and
Fixtures held and acquired for the use Of
the said Railroad, together with all the
Locomotives, Tenders, Cars and other Ral-
ling-stock and Equipments, and al! Ma
chnery, Tools, implements, Fuel and Mate
rials for the constructing, operatinc, re-
pairing or replacing said Railroad or any
part thereof, or convenient or necessary
tor the use in connection Herewith, to-
gether with all franchises connected with
or related to the said Railroad, or. the con-
>tructiou, maintenance, or use thercofnow
held or acquired by the GreenEile and
Columbia Railroad Company, and al corpo-
rate franchises Of any nature, including the
franchise to be L corporation, which are
now possessed and exercised by the said
Greenyilie and Golunlba Railroad Com
pany, together with all and singular the
endowmentS, income and advantages TO the
above mentioned lands, railroad or'property
belonging, or iD anywise appertaining, the
rever$ion or reyerSions, remainder and re-
maindcrs, 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 Greenyille aud Colum-
bia Railroad Company, in and to the same,
every part and parcel thereof. with the ap-
purtcuanccS, upon the following terms:
Twenty thousand dollars in cash to be
paid Immediately after the close of the
bidding, the balance CT the purchase money
to be paid within thi;ty days after the day
of sale, with interest from the said day oS
sale; aid the master may require of any
bidder during the progress of said sale to
deposit the sum of twenty thousand dollars
in cash in q 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
rs if the same bid had not been made.
IF the purchaser shall, within the peFied ;
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
fer making the same, the master shall at
once, and without delay, proceed to resell
the said property on the same terms as
have been hereinbctore 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 sIch purchaser. ANY
bond or bonds of the Greenyile 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 0. portions of the purchase
money as in the distribution OF the pro-
cecds 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 tie purchase of said
property; bat i'll no event shall the right
now given relieve any purchaser or pur-
chascrs 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
burscments in this cause and of the sale
now ordered and decreed to be made.
NATHANIEL 3. BARNWELL,
June, :, 23-St. Master.