The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-28

Nnw York. against the Gainesville and
North Carolina Railroad Company ana
others, l. the subscriber, special master
thereby designated. VIII, on the
ODD DAY OF AUGUST. 1894.
or the day to which / may adjourn the
sale. at Fl O'Clock in the forenoon, al me
passenger station OF the Clarkesvine anu
North Carolina Railroad Company al
Soudan, Va, sell at public auction 10 ulc
highest bidder or bidders, as an entifety
and in one parcel the following described
RAILWAYS AND PROPEKTf-viz:
All the railroad of the Clarkesville ana
North Carolina Railroad Company from
the town Of Gainesville, Va, 10 the
North Carolina state line being Us
lance of about seven miles, ana al ld"u9'
tenements or hereditaments, ana al ease
mems and appurtenances belonging or
appertainng to said railroad, anu an
the road-bed OF said rallroad anu ehe
superstructures and tracks thereon anu
ali stations depOts and other gfouhas,
and all rails, railways, ways ana rights
Of way. tracks. sdings, switches, DrIlses'
fences turntables. water tanks, VlaulCtS'
culverts, passenger and Other hePotS'
warehouses, car-houseS, woOdbOuSes, std-
ton houses, freight houses, machine
shops, and all other structures erecuohS'
buildings and fixtures whatsoever ac-
qulred 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 ali leaseholds. and all rights under
any contracts or agreements WIN the
Gainesville and North Carolina Ralltoad
Company; and all locomotives, engines
tenders cars, and all other rolling stock'
and all equipments rails, ties, machinery
tools. implements, fuel, ana ali materials
Whatsoever and all other property, real
personal, and mixed, held or acquired Dy
the Gainesville and North Carolina hali-
road Company for and in connection WIN
the construction, operation, maintenance
PREPARATION, or replacement OF Sdld van
road or any part thereof, or as conVe-
nient or necessary for the use thereof
and all the corporate right. privileges;
| and franchises Of the CiarkesViIe anu
North Carolina Railroad Company, ana
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, water-cOurses. easements,
! rights, liberties, privileges, heredltaments'
| and appurteHanCeS whatsoever unto any
| Of the abOve-described premises and es-
| tates belonging or appertaining. or 10
belong or appertain, and the reVerslons
and remainders, rents, issues, ana pfoitts
| thereof ana all the estate. right tte
and interest, property claim, ana de-
mand Of every nature and Kind whatso-
| ever of the said ClarkeSvife ana Norm
| Carolina Railroad Company. as well at
! law as in equity, OF, In ana 10 the same
| ana every part anu IdAf1A Ntt'i'ttf
| cepting, however. any donation or sub
| scriptiOn heretofore voted or made. or
| hereafter TO be voted or made for the
| purpose Of aiding the construction or
| said railroad.
| No bid therefor VIII be accepted from
| any bidder for a sum less than |Zo.0p,
| nor from any bidder who shall not place
| IN the hands Of the special master or de-
poslt with him at the time OF making the
! bid as a pledge that such bidder Will make
| good his bid If accepted by the court,
| the sum Of 5000 in money or ceruhea
! check or in bonds secured by the mort
| gage Of the Ciarkesvine and North caro-
Ina Railroad Company 10 me Cehtrdi
| Trust Company, OF New York 1ateo
| November l. 1851. taking the same at par
Of their principal.
| shall be sold there shall be paid IN cash
| nj the time Of sale the cash deposit here
lnbefore required, which shall be received
! as a part of the purchase price, ana hlso
at the same time ana from time TO time
| thereafter such further portions OF SAID
| purchase price shall be PAID IN cdsh as
the court may direct In order 10 meet
the expenses Of said suit and to pay such
| claims If any, against the mortBaged
property as the court may adludge 10 De
| prior in equity to the said mortgage or
| November !, 1887. The court reserves the
| right TO reject any bid, and 10 resell sald
| premises and property, upon failure or
| any purchaser FOR twenty days 10 comply
| with any order Of the court requiring
| payment The balance Of the purchase
| price not required 10 lac 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 surrendering outstanding Ponds
| secured by said mortgage OF November
| /, 1897, and overdue coupons appertalning
| TO such bonds, or either, said bonds ana
| coupons being received al such price or
value as shall be equivalent 10 the amount
that the holders thereof would he entitled
.cfrr " entire
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-
lions OF sale and all orders OF the court
in respect thereto, the sum deposited by
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 for
| such sale take the property purchased
upon the express condition that he or
they, or his or their assigns, approved -
the court, Will pay of ana satisfy any
and all claims filed in this cause, but only
when the court shall allaw such claims
and adjudge the same TO Ce prior in lien
to said mortgage Of November i leS''
and in accordance with the order or or
| ders of the court allowing such claims
and adjudging with respect thereto. and
| the purchaser or purchasers, or their APP
proved assigns. shall be entitled TO appear
from any and all orders or DEGREES OF the
|
, ! them, and shall have all the rights In re-
spect TO such appeals which the complain
| ant Central Trust Company, or New
York, would have in case such Appeals
| had been taken by it, The purchaser OF
| purchasers at said sale shall also, as paf'
| of the consideration, In addition 10 the
| payment Of the sum or sums pld, take
! the property purchased upon the express
! condition that he OF they or his or theii
| assigns. approved by the court, VIII pay
| off and satisfy all debt or Obligations in
| CURED or TO be incurred, by the receivers
| having possession OF such property, Whlcf
| have not been, or snail not be. PAD by
! said receivers, and which shall be ad
. | indeed by the courts 10 be debts or obli'
gations properly chargeable against the
| property purchased, and TO be prior Oh
| SUPERIOR TO the lien Of said mortgage Of
| November l. 1881.
The court reserves the right to retake
| and resell said property in case OF the
| failure or neglect OF the purchaser OF
| purchasers, or his or their assigns APP
, | 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 then
assigns.
The purchaser or purchasers at said
| sale shall not be required to assume OF
| adopt any leases OF any railway or ran
pany as lessee. but shall have the rignt
to elect whether or not 10 assume OI
| adopt the same or any thereof.
Upon confirmation OF said sale and com
| pleton of the purchase by the purchaser
or purchasers, such purchaser or pur
| chasers viii be entitled TO receive from
: | the special master deed or deeds OF IN,
I t..., ~ cold ra1 n n