The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1880-12-22

II URSUANT TO THE DECREE OF
Foreclosure made in the case Of James
5. Gibbes vs.. The GreenYille and Columbia
Railroad Company ct al, i'll The matter ot
the Laureus Railroad, by the Hon. J. 3. ker-
shaw, presiding in the CoIrt Of Common
Pleas for Richlaui County, April Term 1851,
dated April 10, 1880, will sell as pubic
auction, in the city Of Columbia, On tic
FIRST MONDAY Of JANUARY NEXT, at
y O'Clock noon.
All aut, singular the RAILROAD con-
struc!eI upon and over the line or route
from point at or near the town OF New
berry, in the County Of NewDeTy, IN the
State aforesaid, 10 the town OF LauronS, in
the County OT LaurenS, in tie State 2tOre-
said; and also all the Lands, IeHelacntS and
Heradi:aments acquired and appropriately Tor
the purpose Of right OF way Ior SAID ha!I-
road and al the easements and appurte-
nances thereto belonging or in an"WlSe III
cillcEt or appeTt,ining, ana al Railways,
Ways and Rights Of Ways, Depot Grounds
and other Lands, all Tracks, Bridges, Via
duets, CulvertS, Fences and other structures;
all Depots, Station Houses, Engine Houses,
Car Houses, Freight Houses, Wood Houses,
Warehouses, Machine Shops, workshops,
SuperstructureS, Erections and Fixtures held
and acquired for the use Of the said Railroad,
together with all the Locomotives, Tenders,
cars and other Rolling Stock and Equip
ments, and ell Machinery, Tools, Imple-
meuts, Fuel and Materials for the construct
ing, operating, repairing or replacing said
Railroad or any part thereof, or convenient
or reccssary for use in connection Herewith,
together 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 Greenvi!le and Col
umbia Railroad Company, and all corporate
franchises Of any nature, including the fran
chise to be a corporation, which are now pos
sessel anl exercised By the said GreenTl!Ie
and Columbia Railroad Company, together
with all and singular the endo"mentS, IN
come and advantages to the eabove-mentoned
lands. railroad or property belonging, or IL
anywisc appertainipg, the reverslon or reVer-
Siops, remainder and rcmalEders, tolls, III
comes, rents, issues and profits thereof, ana
also all the estate, right, title, interest, pro-
Dertv. possession, claim and demand what
soeyer, as we'll as in the law as il the equity,
present or prospective, Of the said GreenVlie
and Columbia Railroad Company, in and to
the same, every part and parcel thereof, with
the appurtenances, upon the following terms ::
Twenty thousand dollars in cash to be
paid immediately after the close OF the DID
ding, the balance Of the purchase money TO
be laid within thirty days after the day OF
sale, with interest from the said day OF sale;
and the Master may require of any bidder
durinc the progress of said sale TO deposit
the sum of twenty thousand dollars IL cash II
4 bank in the city Of Columbia, TO his order
In case of refusal 10 pay the cash or mahe
the deposit, the bid shall be disregarded and
the sale DC proceeded with as if the same Did
had not been made.
# 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 fall
aud make default in such payment at or
within the time hereinbefore designated 1or
making the same, the Master shall at once,
and without delay, proceed 10 resell the SAID
property on the same terms as nave oeen
hereinbefore set forth, TO the highest bidder,
at the risk of the former purchaser, who shal!
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 forfeited, nor Shall the same IN
any contingency Or event to arise ce TecoF-
cred back or reclaimed by SUCH purchaser:
Any bond or bonds Of the GreenTule and
Columbia Railroad Company secured by the
mortgage executed to James Conner, isaac
Havne and George D. Bryan, Trustees, BY
said Company on the 29:h d@y Of April, 1870,
may be made use of in the payment CT Sucn
portion or portions OF the purchase money,
as in the distribution Of the proceeds o. S&iN
sale may be applicable to such bond or bonds
| or coupons thereof, and that to IBIS eN;ent
the same may be used III settlement or the
purchase of said property; Dut IL no event
| Shall the right now given reEcVc any pug
chaser Or purchasers at the close OF the 90
ding. when the same is accepted, from pay
| inr in cash such an amount as may be ie-
onircd to discharge claims for costs, charges
and disbursements in this cause and Of the
sale now ordered and decrced to be made.
NATHANIEL 3. BARNW ELL,
| Dec | 49-5t M"stcE.