The times. [volume] (Richmond, Va.) 1890-1903, 1894-08-11

/ of Virginia, entered MAY 81, lSf' III vac
suit OF the Central Trust Company. oi
| Neg York against the Gainesville and
North Carolina Railroad Company ana
| others, /, the subscriber, special master
thereby designated viii, on the
2D DAY OF AUGUST, 1894,
or the day 70 which I may adjourn the
sale, at IL o'clock In the forenoon, AT the
passenger station Of the Clarkesvlle ana
/ North Carolina Railroad Company, AT
Soudan Va, sell at public auction, to the
highest bidder or bidders, as an entirety
| and IN one parcel, the following described
RAILWAYS AND PROPERTH-viz;
All the railroad Of the Clarkesyiile ana
| North Carolina Railroad Company from
| the town of Clarkesville. Va, TO the
| North Carolina State line, being dis
| lance Of about seven miles, and all lands,
| tenements or Entertainments, and all ease
| ments ana appurtenances belonging or
| apDertaining TO said railroad, ana also
! the FOdd-bed OF SAID railroad ana tue
| supcrstructures and tracks thereon ana
| all stations. dcpOts. and other sTOuhuH'
| and all rails, railways ways ana IlshtS
| OF way, tracks. sidlngs, switches, DIldbtS'
| fences, turntables. water tanks, Nldnucls'
! CulveTts. passenger and other depOtS'
| warehouses, car-hOu5es, wOOdhOuses, sla-
| ton houses, freight houses, machine
/ shops. ana all other structures, erectloHs'
| buildings, and fixtures whatsoever. ac-
! quiTed by or for the use OF the Clarkes-
! Vile and North Carolina Railroad Com
! pany, or for the construction, mantle
! nance or operation OF the SAID railroad
! and all lcasehOlds, and all rights under
| any contracts or agreements win the
| Clarke svillc and North Carolina Railroad
! Company: and all locomotives, engines,
tenders. cars. and all other rolling stock
and all equipments, rails, ties machinery,
tools, implements, fuel. and all materials
whatsoever, and all other property, real
personal, and mixed, held or acquired Dy
the Gainesville and North Carolina Kali
road Company for and In connection Win
the construction, operation, maintenance,
repafdtlOn, or replacement Of said tdll-
road, or any part thereof, or as conNe-
nient or necessary for the use thereon,
and all the corporate right privileges,
and franchises Of the Clarkesville and
North Carolina Railroad Company, and
all rents. profits. income, and earnings
arising or hereafter to arise or in any
way Issue from the said railroad, or any
part thereof. or from any Of the subjects
herein described. and all the streets,
ways, passages. watcr-cOurscs. easements,
rights, liberties, privileges, Entertainments,
and aDpuTtcudnCes whatsoever unto any
Of the abOve-described premises and es-
tates belonging or appertaininS, or 10
belong or appertain, and the reyersiOns
and remdmders, rents, issues, and pTonts
thereof and all the estate, right. title,
and interest, property, claim, and de
mand of every nature and Kind WhatSO-
ever OF the said ClarkcsVille and North
Carolina Railroad Company as well at
law as IN equity, Of. In and 10 the same.
and every part and parcel thereof, ex-
cepting however, any donation or sub
scrlpuon heretofore voted or made, or
hereafter to be voted or made for the
purpose Of aiding the construction Of
said railroad.
40 bid therefor will be accepted from
any bidder for n sum Jess than 5000.
nor from any bidder who shall not place
IN the hands Of the special master or de-
post with him AT the time Of making the
bid as Il pledge that such bidder VIII make
good hts bid, If accepted by the court.
the sum OF 5000 in money or certified
check or I'm bonds secured by the mort
gage of the Gainesville and North Caro-
lima Railroad Company TO the Central
Trust Company, of New York, dated
November /. 1887, taking the same at par
of their principal.
OF the price for which said property
shall be sold there shall be paid I'm cash
az the time Of sale the cash deposit here
iubefOre required, which shall be received
as part Of the purchase price. ana also
at the same time and from time 10 time
thereafter such further portions OF said
purchase price shall le paid in cash as
the court may direct IN order 10 meet
the expenses Of said suit and TO pay such
claims. II any against the mortgaged
property as the court may adJudge 10 be
prior in equity 10 the said mortgage Of
November !, 1851 The court reserves the
right to reject any bid, and % resell said
premises and property, upon failure OF
any purchaser for twenty days Il comply
with any order Of the court requiring
payment. The balance Of the purchase
price not required 10 be paid In cash may
either be paid in cash, or the purchaser
may satisfy and make good such balance
Of his bid in whole or in part by paying
over and surrcndering outstanding ponds
secured by said mortgage or November
/, 1885, and overdue coupons appcrtaining
to such bonds, or either, said bonds ana
coupons being received at such price or
value as shall be equivalent 20 the amount
that the holders thereof would Doe entitled
TO receive thereon In case the entlre pur-
chase price were paid In cash.
II any BID shall be accepted by the
court and the person making the same
shall fan to comply with all the cOndi-
tons OF sale and all orders OF the court
in respect thereto, the sum deposited 10y
the bidder shall be forfeited, and shall
be applied as the court may direct.
The purchaser or purchasers at said sale
shall, as part Of the consideration Tor
such sale, take the property purchased
upon The express condition that ne or
they. or his or their assigns, approved r.
the court, VIII pay off and satisfy any
and all claims filed in this cause, but only
when the court shall allow such claims
ana adJudge the same TO be prior IN lien
10 said mortgage OF November l, 1884,
ana in accordance with the order or or
ders Of the court allowing such claims
and adjudglng with respect thereto. and
the purchaser or purchasers, or their ap-
proved assigns, shall be entitled 70 appeal
from any and all orders or DEGREES OF the
court In respect 10 such claims or any OF
them. and shall have all the rights In re-
Spect to such appeals which the complain
ant Central Trust Company, Of New
York would have in case such appeals
had been taken by tt The purchaser or
purchasers a said sale shall also. as part |
Of the consideration. in addition TO the |
payment OF the sum or sums bid, take
the property purchased upon the express
condition that he or they, or his or their
assigns, approved by the court VIII pay !
of and satisfy all debt or Obligations in |
CURED, or TO be incurred, by the receivers
having possession OF such property which |
have not been, or shall not be, PAID by |
said receivers, and which snail be adj
Judged by the courts TO be debts or Obn- |
cations properly chargeable against the |
property purchased, and TO be prior or |
superior TO the lien OF said mortgage Of |
November l. lsS7.
The court reserves the right 10 retake |
and resell said property in case Of the |
failure or neglect Of the purchaser or |
purchasers, or his or their as-tsns ap-
proved by the court as aforesaid 10 com |
ply with any order OF the court IN respect
TO payment OF prior lien claims above |
mentioned within twenty days after SER
vice of a copy Of such order upon SAID
purchaser or purchasers, or his or their
assigns.
The purchaser or purchasers at said /
sale shall not be required 10 assume or
adopt any leases OF any railway or rail-
ways owned or held by the railroad com
pauy as lessee. but shall have the rfsht
TO elect whether or not 10 assume or
adopt the same or any thereof.
Upon confirmation Of said sale and com
nj