The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1894-03-08
Commissioners Sale Of The Mari
eta 4 North GGlrQia Railway

and Sale rendered by the Circuit Court of the
United States for the Northern District of Georgia
on the 18th day of May, 1893, in the Equity
Causes wherein the Central Trust Company of
New York and the Boston Safe Deposit & Trust
Company, are compliments, 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; 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, 1893, on the 18th day of
| October 1893, on the 4th day of November, 1898,
on the 4th day of December, 1898, on the 9th day
of January, 1894, and on the 26tk day of January,
1884,
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
Carolina, entered on the 18th day of December,
| 1898;
We, the Undersigned Special Commissioners, shall
proceed to offer at public sale to the highest bidder
or bidders, on the premisesat the passenger station
| of the Marietta North Georgia Railway in the
town of Marietta, in Cobb County, State of Geor-
gia, at II o'clock noon Saturday the 3rd day of
March, 1894 all 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-
ty,Georgia through the counties of Cobb Cherokee,
| Plckens, (Iilmer and Fannin to the town of Blue
| Ridge, in Fannin county, Georgia, and thence on
| to the city OF Knoxville in Knox county, Tonnes
ihg IL
| roe, Loudon, Blopnt and Knox, being total dis
| lance of about 205 miles from Marietta to Knox
| vile, being standard guage road, and about
95 81 miles lying in the State of Georgia and about
lO9.31 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
| Cherokee county, North Carolina, distance OF
about % miles, there being about 1851 miles in
! the State OF Georgia of this narrow guage road
and about 70 40 miles in the State of North Caro-
lima; 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.
ings, fixtures 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 franchis
es leases, contracts chooses in action and similar
property, whether legal or equitable belonging t.
said Marietta & North Georgia Railway COMPANY
or to which it is in any way entitled and also al
right, title claim, interest demand of the said
| Marietta & North Georgia Railway Company in
and to he line of telegraph upon its right of way
| The said standard guage and narrow guage roaC
| lying in the State Of Georgia will be offered fol
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, anC
the marrow guage road lying in the State of Nortl
Carolina, will be offered for sale separately and a
one parcel, together with the proportion of equip
ment material and supplies appertaining thereto
and then the whole of said standard guage anC
: narrow guage road and appurtenant property will
be offered for sale together as an entirety, and the
bids aggregating the greatest amount will be ac
cepted as pointed out and provided for in saiC
Decree of Foreclosure and Sale. And for NOR
particular description of said property as we'll a
for the specific terms and conditions of this sal
reference is hereby made to the Decree of Fore
closure and Sale which was had and entered a
aforesaid on the 18th day of May, 1898; and ais
reference is hereby made to the report of tn
Special Master, b. H. Hill, Esq, showing tn
specific equipment and other property that belong
Il 10 a wrtfh oh rntn
said line of railway as aforesaid. At said sale n
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,O00 and a de
posit of $4,000 in cash or certified check at tn
time of making the bid will be required from tn
bidder for said portion OF said railway lying in tn
state of Georgia; and at the time of said sale N
bids will be received for those parts of said line
railway lying in the states of Tennessee and Mort
Carolina and the appurtenant property for les
than S7O0,0 COO and deposit of SIS, 900 in cash o
certified check at the time of making the bid will
be required from the bidder When the whole @
said ne 81 railway lying in the states of Georgia
Tennessee and North Carolina and the appu rte
nant property is offered for sale as an entiret
then no bid will be received for less than sun
greater than the aggregate amounts OF the SepaT
ate bids for the separate parcels of property a
tilted check at the time of making the bid will b
required from the bidder for the whole system @
railway; The balance OF the purchase money ma
be paid in cash or by bonds issued under tn
mortgages now being foreclosed, as provided 70
in the Decree OF Foreclosure and Sale, and is sub
ieet to confirmation by the Circuit Court of tn
United Statesfor the Northern District of Georgia
and the Circuit Court of the United states for tn
Northern Division OF the Eastern District of Ten
nessee; and of the Circuit Court OF the Unite
States for the Western District of North Carolina
For the specific terms and conditions of this sal
reference is hereby made to the DEGREES of tn
several courts hereiDbefore referredto.
This the 9th day of January. 1894
ROBERT J.tL0WR1,
J. J. b. GLOVER,
II. H. TAYLOR,
Special Commissioners
Butler, Stillman & Hubbard, Henry b. Temp
| kris, and Tillman & Tillman, Solicitors for Cen
tral Trust Company, of New York.
By order of the Circuit Court of the Unite
States for the Northern District of Georgia, tn
sale above advertised is postponed until Monday
the End day of April, 1894, at IL O'Clock noon a
the same place.
ROBERT ]. LOWRY,
J. b. GLOVER,
! II. II. TAYLOR,
Special Commissioners.
Butler, Stillman & Hubbard Henry B. Temp
kins, aud Tillman & Tillman, Solicitors for Cen
TIA! Trust Company, OF New York.