The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-07-19

NAIHEREAS, the circuit court Of the United
w States in equity sitting, held in and for the
northern district OF New YOrk,at the chambers
Ct the circut 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
trial national hank 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 dcfendents, by
which 1t 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 is
hereby gwen 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 a certain mortage made by the
Lebanon Springs railroad company TO the Union
trust company and which were conveyed by =
deed executed by George Mcclellan, referee, to
William Foster, IT,, and Rowland n, Hazard as
follows 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 Hoosck. in the county
Rensselaer,. and all lands thereafter TO be acqur-
way also the railroad OF the said party OF the
first part now built, and TO be built. and all the
rails, bridges. fences, stations, station houses,
wood houses buildings and other structures and
appurtenances thereunto belonging, and also Ell
the tolls, incomes, rents, issues and profits and
alienable franchise Of the said party OF the first
part connected with said railway relating there.
to- including its rights and franchises as a cor
porstion and also all the rolling stock, lOcomo-
lives tenders, snow ploughs and scrApers. and all
the passenger cars, baggage, mail and express
cars, fiat 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 OF
which chattles are declared to be fixtures and ap
purtenances to said railroad, and are 10 be sold
Herewith and not separate therefrom and to be
taken as a part thereof and also all the right,
title and interest which the said party Of the first
part may Lave 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 in the
town Of IIoosick aforesaid, to the village Of Ben
nington, 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 OF
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, y. Y,
April IL, 1887.
wORTHINGTON FROTHINGHAM. Referee
HALE & BULKLEY, Solicitors for Complainant.
The above mentioned sale is postponed to the
thirteenth (l3th) day OF October, 1857, at the
same hour and place.
Albany, June 2nd 1887.
WORTHINGTON FROTIIINGHAM, Referee
HALE & BUCKLEY, Solicitors for Complainant
The above sale is further postponed until tn,
Twelfth Q2th) day OF November, 1887, at the
same hour and place.
WoRTHINGfON FRoTIINGIIAM, Referee
HALE & BUCKLEY Solicitors,