The Newberry herald. [volume] (Newberry, S.C.) 1865-1884, 1880-07-14
eW9SCelE eOaCS.
no TEE DRGREE OF

7URSUAST TU THE DECREE OF
- Foreclosure made in the case OF
James S. Gibbes vs.. the Greenville 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 Rich!and 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 II 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 afore-
said; and also all the Lands, Tenements
and Hereditaments acquired and appro-
pristed for the purpose Of right Of way
for said Railroad and all the easements and
appurtenances thereto belonging, OF in
anywise incident or appertaining, and all
Railways, Ways ard Rights of Ways, De-
pot-grounds and other Lands, all Tracks,
Bridges, Viaducts, Culverts, Fences and
other structures; all Depots, Station-houses,
Engine-houses, Car-houses, Freight-houses,
Wood-houses, Warehouses, 4achine-shops,
Workshops, Supers.ructures, Erections and
Fixtures held and. scquired for the use of
the said Railroad, together with all the
Locomotives, Tenders, Cars and other Rol-
line-stcck and Equipments, and ali Ma
chinery, Tools, Implements, Fuel and Nate
rials 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 oy 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
Greenyille and Columbia Railroad Com
pany, together with all arl singular the
endowmeuts, income aud advantages to the
above mentioned lands, railroad or property
belonging, or in anywise appertaining, the
reversion or reversions, remainder and re-
nsainders, tolls, incomes, rents, issues and
pro6ts thereof; and also all the estate,
right, title, interest. property, possession,
claim and demand whatsoever. as well in
the law as in the equity, present or pros
pective, of the said Greenville 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 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 bio 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 hereinbefcre designated
for 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. AnV
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-
eeeds of said sale may be applicable to
sucL 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 no event 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.