The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1894-04-19
COMMISSIONERS SALE OF THE MA,
RIETTA & FORTH GEORGIA
RAILWAY.

and Sale rendered by the Circuit Cont Of the
United states for the Northern District Of Georgia
on the 18th day OF May 1893, in the EQUITY
Sauses wherein the Central Trust Company OF
New York and the Boston Safe Deposit & Trust
company, are complainants and Marietta & North
georgia Railway Company and others are defend
ants being consolidated causes Nos 359 and All in
the Circuit Court of the United States for the
Northern District of Georgia; aud by virtue of or
GERS and DEGREES passed by the Circuit Court of the
United States for the Northern District of Georgia
on the 10th day OF June, 1898, on The 18th day OF
0ct tI ioy5, on the 4th day OF November 1885,
on the 4th day of December, 1898, on the 9th day
1894; ,
And by virtue of a decree rendered Inv the Cir.
cult Court of the United States for the Northern
Division OF the Eastern District of Tennessee on
the 27th January, 1894.
And by virtue of decree of the United States
! Circuit Court for the Western District of North
Harollna, entered on the 7th day of December
We, theundersignedS Special Commissioner shall
proceed to offer at publicsale to the highest bidder
OF oidders on the premisesat the passenger station
OF the Marietta North Georgia Railway in the
n Oh Marietta In Cobb County, State of Geor-
ga, at II O'Clock noon on Saturday the 3rd day of
Marcn, 1894, ali and singular the corporate prop
erty and franchises of said Marietta & North
tgodIgia railway Company, the line of railway ex
ty,Ieorgla, through the counties of Cobb Cherokee
r!ckens, 'I1lmer and Fannin to the town of Blue
~ t.itge' 10 fannln county, Georgia, and thence
10 inc CITY OIL knoxville, in Knox county, Tennes-
see, through the counties of Polk, McMinn, Mon
, roe, Loudon, Blount and Knox being a total dis
lance OF ABOUT 700 miles from Marietta to Knox
vie, being standard guage road and about
1851 miles lying in the State of Georgia and about
1O931 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
Hldge, In fannin county, Georgia, to Murphy in
Cherokee county, North Carolina, a distance of
about 70 miles, there being about 1881 miles in
the State OF Georgia Of this narrow guage road,
ana about l2.49 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 outside the
location OF said railway and however acquired;
and all other lands station houses bridges build
lngs, hxtures 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 franchs-
es leases, contracts, chooses in action and similar
property, whether legal or 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 or demand of the said
Marietta Il North Georgia Railway Company in
and to She line of telegraph upon its right of way
The said standard guage and narrow guage road
lying IN the State of Georgia will be offered for
sale separately and as one parcel, together with
the proportion OF equipment, material and sup
plies appertaining 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 supplies appertaining thereto;
ana then the whole OF said standard guage and
narrow guage road and appurtenant property will
be offered for sale together as an entirety and the
DDS 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
particular description of said property as we'll as
! TOT 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 1885, and also
| reference is hereby made to the report of the
Special Master, B. H. Hill, Esq, showing the
SPECIFIC equipment and 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 S75O.000 and de-
| post OF $4,000 in cash 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 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 $4,000 in cash or
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 sta ties of Georgia.
| Tennessee and North Carolina and the appuTte-
nan. ops A oered Tor o a!e as f an
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 or GERS
tilted 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 sub
| Ject to confirmation by the Circuit Court of the
United Statesfor the Northern District of Georgia.
and the Circuit Court of the United States for the
Northern Division of the Eastern District of Ten
nessee; and of the Circuit Court of the United
States for the Western District of Nor n Carolina.
For the specific terms and conditions OF this sale
| reference is hereby made to the DEGREES of the
several courts hereinbefore referred to.
This the 9th day of January. 1894.
ROBERT J. LOWRY,
J. b. GLOVER,
II. II. TAYLOR,
Special Commissioners.
Butler, Stillman 4 Hubbard, Henry B. Tomp-
kins, and Tilman 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 tn day of May, 1894, at II O'Clock noon at
the same place.
ROBERT J. LOWRY,
J. b. GLOVER,
H. II. TAYLOR,
Special Commissioners.
Butler, Stlman Hubbard, Henry b. TOmp-
kins, and Tillman & Tilman, Solicitors for Cen q,
t1al Trust Company, of New York.