The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1893-11-09
Commissioners Sale Of the Mari
eta X North GGOrGia RAILWAY.

Under and by virtue of Decree of Foreclosure
and Sale rendered by the Circuit Cour, of the
United States for the Northern District of Georgia
ON the 18th day of May, 1898, and thereafter by
the Circuit Court of the United States for the East
ern District OF Tennessee, Northern Division and
the Circuit Court of the United States for the
Western District of North Carolina in Eduity
Causes wherein the Central Trust Company of
New York and the Boston Safe Deposit K Trust
Company, are complainantS, and Marietta x North
Georgia Railway Company and others are defend
ants, being consolidated causes Nos. $50 and All in
the Circuit Court of the United States for the
Northern District of Georgia; and by virtue of an
order decree passed by the Circuit Court of the
United States for the Northern District of Georgia
on the Goth day of June. 1898 and ratified and
adopted by the aforesaid Circuit Courts of the
United States for the Eastern District OF Tennes-
see, and Western District OF North Carolina; We
the undersigned Special Commissioners, shall pro-
coed to offer at public sale to the highest bidder or
bidders on the premises at the passenger station
of said Marietta 4 North Georgia Railway in the
town OF Marietta, in Cobb County, State of Geor-
gia, at Y o'clock noon OnsMonday the 10Th dav of
November, 1893, all and singular the corporate
property and franchises of said Marietta & North
Georgia Hallway Company, the line of railway eX-
tending from the town OF Marietta, in Cobb Goun-
ty, Georgia, through the counties OF Cobb Pickens
Cherokee, Gilmer and Fannin to the town of Blue
Ridge, in Fannin county, Georgia, and thence on
30 the city OF Knoxville, in Knox county, Tennes-
see, through the counties of Polk, McMlnn Mon
roe, Loudon, Rlount and Knox, being a tota! dis
lance OF about 205 miles from Marietta to Knox
vile, being standard guage road, and about
956 miles lying in the State of Georgia and about
l09.3l miles lying in the State OF Tennessee and
also the further line of said railroad, being mar
row guage road, extending from the town of Blue
Ridge, in Fannin county, Georgia, to Murphy in
Cherokee county, North Carolina, distance of
about % miles, there being about 12.5l miles in
the State OF Georgia of this narrow guage road
and about 12.49 miles in the State of North Caro-
INA; together with all and singular the property
and estate OF said company of every kind, real,
personal or mixed, whether within or outside the
location OF said railway and however acquired;
and all other lands, station houses, bridges build
lngs, fixtures and the equipment, rolling stock,
machinery, TOOLS implements and furniture what
ever connected with belonging to the said line
OF railway and also all rights privileges, Franchise
eS, leases, contracts chooses in action and similar
property, whether legal or equitable, belonging TO
said Marietta K North Georgia Railway Company
or 10 which is in any way entitled; and also all
Tlght, Title, claim, interest or demand of the said
Marietta North Georgia Railway Company in
and to the line OF telegraph upon its right OF way
The said standard guage and narrow guage road
Tying III the State OF Georgia will be offered for
sale separately and as parcel together with
the proportion OF equipment, material and sup
pies appertalning thereto; and the said standard
guaSe road lying in the State of Tennessee. and
the narrow guage road lying in the State of North
Carolina, will be offered for sale separately and as
one parcel, together with the proportion of equip
ment, material ard supplies appertaining thereto;
ana then the whole OF said standard guage and
marrow guage road and appurtenant property will
be offered for sale together entirety, and the
ids aggregating the greatest amount will be ac-
cepted, as pointed out and provided for in said
| Decree OF Foreclosure and Sale. And for a more
P"lI description VI Sdlu property as well as
! Tor the specific terms and conditions of this sale
| reference is hereby made to the Decree of Fore
| closure and Sale which was had and entered as
aforesaid on the 18th day OF May, 1898; and also
| reference is hereby made to the report of the
| Special Master, b. II. Hill, Esq showing the
specific equipment an other property that belongs
to and Is to be sold with each separate parcel of
said line Of railway as aforesaid. At said sale no
bid will be received for that portion of said rail-
way lying in the State of Georgia and the appur-
| tenant property for less than $3.50, OO0 and de-
post of SIS 900 in cash certified check at the
time OF making the bid will he required from the
bidder Tor said portion OF said railway lying in the
state OF Georgia. and at the time of said sale no
bids will be received for those parts of said line of
railway lying in the states OF Tennessee and North
Carolina and the appurtenant property for less
than 100000, and deposit Of $1,000 in cash or
certlhed check at the time of making the bid will
be required from the bidder. When the whole of
said line of railway lying in the states of Georgia.
Tennessee and North Carolina and the appurte-
na1t property is offered for sale as an entirety
then no bid will be received for less than sum
greater than the aggregate amounts of the separ-
ate bids for the separate parcels of property as
aforesaid, and deposit OF Sl50,000 in cash
titled check at the time of making the bid will be
required from the bidder for the whole system of
railway The balance of the purchase money may
be paid in cash by bonds issued under the
mortgages now being foreclOssd as provided for
in the Decree of Foreclosure and Sale and is SUBJ
ject to confirmation by the Circuit Court of the
United States for the Northern District of Georgia.
This 18th day of September, 1898.
ROBERT J. LOWRY, and
j. b. GLOVER,
Special Commissioners
Butler, Stillman Hubbard and Henry b.
Tompkins, Solicitors for Central Trust Company
of New York.