The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-03-29

NAlHEREAS, the circuit court of the United
w States In equity sitting, heldlin and for the
northern district OF New York, at the chambers
Of the circuit judge In the city Of Syracuse on the
oath day of March, 1887, did make decree in a
certain suit therein depending, wherein the Cen
trail national bank of Boston, (which sued as well
for itself as for all others similarly situated) was
complainant. and Rowland N. Hazard, William
Foster, jr,. the New York, Rutland and Montreal
railway company and the American loan and
trust company of New York were defendants, by
which IL was among other things therein contain
ed referred to the undersigned to sell at public
auction the premises and property hereafter de.
scribed /:
Now, in pursuance Of said decree, notice 4.
hereby given that on the second day ofJune 1887.
at twelve O'Clock at noon, at the outer westerly
door Of the court house In the city Of Troy county
of Rensselaer, and State Of New York. the under
signed will sell at public auction to the highest
bidder the premises and property described as
contained in certain mortage made by the
Lebanon Springs railroad company to the Union
trust company, and which were convened by a
deed executed by George Mcclellan, referee, to
William Foster, jr., and Rowland n, Hazard, as
foows;A All the right title and interest of the said
party Of the first part (said Lebanon Springs rail
road company of, in and to all and singular the
several pieces or parcels Of land forming the
track or roadway of the party Of the first part
from the Chatham -Four Corners In the County
OF Columbia to the east line Of the state of New
York, In the town Of Hoosick in the county o
Rensselaer,. and all lands thereafter TO be acqur-
ed for the purpose Of forming said track or road
way (; also the railroad of the said party Of the
first part now built, and 10 be built and all the
rails, bridges, fences, stations, station houses,
wood houses, buildings and other structures and
appurtenances thereunto belonging. and also all
the tolls, incomes, rents issues and profits and
alienable franchise OF the said party OF the first
part connected with said railway or relating there.
to, including it's rilhts and franchises as cor
pOration and also all the rolling stock, locomo-
lives tenders, snow ploughs and scrapers and all
the passenger cars, baggage, mail and express
cars, fiat cars and cars OF every description; all
the machine shops and blacksmith shops and all
the articles used in the construction, replacing
and repairing Of roads and cars and in the run
ming Of the cars now owned or hereafter to be &C
quired by the said party OF the first part; all
which chattles are declared to be fixtures and Ap-
purtenances to SAID railroad. and are to be sold
Herewith and not separate therefrom, and to be
taken as part thereof; and also all the right,
title and interest which the said party Of the first
part may have or may hereafter acquire Of, in
and TO the Vermont and New York railroad con-
structed or to be constructed from the terminus
of the railroad of the party Of the first part 10 the
town of HOOsick Aforesaid, to the village of Ben.
nngton. IN the State OF Vermont, including all the
right title and interest OF the party Of the first
part in and TO the franchise and equipment o
the said Vermont and New York railroad belong.
ing to or in any wise appertaining or which may
at any time belong or appertain TO the same as
well In law as in equity."-Dated Albany, N. Y,
woRTHINGToN FRoTHINGHAM Referee.
HALE BuLKLEY, Solicitors for Complainant,
Albany, N. Y.
The above mentioned sale Is postponed TO tee
thirteenth l3th) day Of October, 1875 the sam.
hour and place.
Albany, June End, 1881.
woRTHINGTON FRoTHINGHAM.R Referee.
HALE BULKLEY, Solicitors for Complainant. q
The above sale is further postponed until the
Twelfth u2thl day Of November, 1881, at the
same hour and place
woRTHfNGfUN FRoTHINGIIAM, Referee,
HALE & BUCKLEY, Solicitors,