The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1894-04-12
COMMISSIONERS SALE OF THE MA,
RIETTA 8 FORTH GEORGIA
RAILWAY.

United States for the Northern District of Georgia
on the 18th day of May 1893, in the Eoufty
Causes wherein the Central Trust COMPANY OF
New York and the Boston Safe Deposit 4 Trust
Company, are compliments, and Marietta & North
georgia hallway Company and others are defend
ants being consolidated causes Nos 359 and al in
the Circuit Court of the United States for the
Northern District OF Georgia; and by virtue OF or
ders and DEGREES passed by the Circuit Court of the
United States for the Northern District OF Georgia
on the Goth day OF June 1888, on The 18th day al
October, 1898, on the 4th day OF November, 1898,
on the 4th day OF December, 1898, on the 9th dav
OF January, 1894, and on the 10Th day of January
| 1894;
| And by virtue of decree rendered by the Cir
cult Court of the United States for the Northern
Division of the Eastern District OF Tennessee on
! the 9th January, 1894
And by virtue of a decree of the United States
Circuit Court for the Western District of North
| 1898;
| We, theundersigned Special Commissioner shall
proceed to offer at publcsale to the highest bidder
or bidders, on the premsesat the passenger station
| OF the Marietta K North Georgia Railway in the
| town of Marietta, in Cobb County State of GeOr-
gla, at u O'Clock noon Saturday the Bird day OF
March, 1894, ali and singular the corporate prop.
| erty and franchises of said Marietta & North
Georgia Railway Company, the line of railway ex-
tending from the town Of Marietta, in Cobb Coun-
tyGeorgia, through the counties of Cobb, Cherokee
Pickens, tiilmer and Fannin to the town of Blue
Ridge, in Fannn county, Georgia, and thence on
to the city of Knoxville, in Knox county Tennes-
see, through the counties of Polk, McMinn, Mon
, roe, Loudon, 8ount and Knox, being total dis
vile, being standard guage road, and about
80. miles lying in the State of Georgia and about
l093l 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 70 miles, there being about 12.51 miles in
| the State OF Georgia of this narrow guage road
and about 12.49 miles in the State of North Caro-
lima; together with all and singular the property
ana estate OF sad 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, txtuSes and the equipment, rolling stock,
machinery, tools, implements and furniture what
ever connected with or belonging to the said line
OF railway; and also all rights, privileges, franchls
es, leases, contracts, chooses in action and similar
property, whether legal equitable belonging to
| said Marietta North Georgia Railway Company
or to which 1T is in any way entitled and also all
right title, claim, interest demand of the said
| Marietta X North Georgia Railway Company in
and to .he line of telegraph upon its right of way.
! Inc SAID standard guage and marrow guage road
| lying in the State OF Georgia will be offered for
| sale separately and one parcel, together with
| the proportion OF equipment, material and sup
plies appertaning thereto; and the said standard
| guage road lying in the State of Tennessee, and
the narrow guage road lying in the State of North
Carolina, VIII be offered for sale separately and as
one parcel, together with the proportion OF equip
ment, material and pples appertaiping thereto;
| and then the whole of said standard g6age and
| narrow guage road and appurtenant property will
be otered TOR sale together entirety, and the
| bids aggregating the greatest amount viii be ac-
cepted, as pointed out and provided for in said
| Decree OF Foreclosure and Sale. And for more
particular description of said property we'll 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. Fl. Hill, Esq, showing the
Speclhc equipment and other property that belongs
to and is to be sold with each separate parcel oil
said line of railway aforesaid. At said sale nc
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 S75O,000, and a de-
post OF $4,000 in cash or certified check at the
time of making the bid will be required from the
bidder for said portion of said railway lyingin the
state OF Georgia; and at the time of said sale nc
bids will beTeceived 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 $4,000 in cash OIL
certified 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-
nant 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 Tor the separate parcels OF property as
aforesaid, and deposit of $3.50 900 in cash GERS
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 or by bonds issued under the
mortgages now being fOrecloSed, 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
and the Circuit Court of the United States Tor the
Northern Division Of the Eastern District OF Ten
nessee; and of the Circuit Court of the United
States for the Western District of North Carolina.
For the specific terms and conditions of this sale
reference is hereby made to the DEGREES OF the
| several courts herein before referred to.
this the 9th day of January. 1894.
ROBERT J.,LOWRY,
| J. B. GLOVER,
| II. II. TAYLOR,
| Special Commissioners.
Butler, Stillman Hubbard, Henry B. Tomp-
| kiEs, and Ifllman Tillman, Solicitors for Cen
| trail Trust Company, OF New York
By order of the Circuit Court of the United
States for the Northern District of Georgia, the
! sale above advertised is postponed until Monday,
the s tn day of May, 1894, at u o'clock noon at
| the same place.
ROBERT J. LOWRY,
| j. b. GLOVER,
/ H. H. TAYLOR,
| Special Commissioners.
Butler Stillman & Hubbard, Henry B. TOmp-
| llins, and Tillman Tillman, Solicitors for Cen,
| tlal Trust Company, of New York.