The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-21

| ance Of decree OF the Circuit court OF
the United States for the Eastern district
suit of the Central Trust Company. OF
New York against the Clarkesville and
North Carolina Railroad Company and
others. ], the subscriber, special master
thereby designated, will, on the
22D DAY OF AUGUST, 1894.
or the day TO which may adjourn the
sale. at IL o'clock in the forenoon, at the
passenger station OF the Clarkesville 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 PROPERTY-viz.:
All the railroad OF the Clarkesviile and
North Carolina Railroad Company from
the town OF Gainesville, Va, to the
! North Carolina State line, being a dis
| lance OF about seven miles, and all lands,
tenementS or Entertainments, and all ease
ments and appurtenances belonging or
appertainng 10 said railroad. and also
the road-bed of said railroad and the
superstructures and tracks thereon, and
all stations, depots, and other grounds
and all rails, railways. ways and rights
or way tracks. sidings, switches, bridges,
FENCES, turn-ta bles. water tanks, Vidducts,
culVerts. passenger and other depols'
warehouses, car-houses, woOdhouses, sta
Ton houses, freight houses, machine
shops, and all other structures. erections,
buildings and fixtures whatsoever. ac-
quired by or for the use OF the Clarkes-
Vile and North Carolina Railroad Com
pany, or for the construction. mainte-
nance or operation OF the said railroad,
ana all leaseholds. and all rights under
any contracts or agreements with the
ClarkesVille and North Carolina Railroad
Company; and all locomotives engines.
tenders cars. and all other rolling stock
ana all equipments, rails. ties, machinery |
TOOLS, implements, fuel. and all materials |
n 4 md oil sEars %
personal. and mixed, held or acquired by |
the Gainesville and North Carolina Rail- |
road Company for and in connection with |
the construction. operation. maintenance, |
reparduon, or replacement Of said tall-
road, or any part thereof or as cOnye-
nlent or necessary for the use thereof,
ana all the corporate right privileges,
ana franchises of the Gainesville 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 water-courses. easements,
lights, liberties. privileges, hereditaments.
ma appurtenanceS whatsoever unto any !
u the aboVe-described premises and es- |
ates belonging or appertaining. or to |
'elong or appertain. and the reversions
nd remainders, rents. issues, and profits |
hereof, and all the estate. right title
nj interest property, claim, ana de-
|
yer of the said Gainesville and North |
arolina Railroad Company as well at
NV as IN equity, Of, in and to the same.
nd every part and parcel thereof. ex-
epting however. any donation or sub
,nplon heretofore voted or made, or
GREATER 10 be voted or made for the
urpose of aiding the construction Of
aid railroad.
No bid therefor will be accepted from
ny bidder for a sum less than y25.GyO
or from any bidder who shall not place
/ the hands of the special master or de-
osit with him al the tine Of making the | !
d as pledge that such bidder will make
)od his bid, II accepted by the court, =
Re sum Of 5000 in money or certified |
leck. or I'm bonds secured by the mort
age Of the Gainesville and North Caro-
ma Railroad Company 10 the Central
rust Company of New York. dated n
ovember l, 1887, taking the same al par a
their principal. =
OF the price for which said property :
lall be sold there shall be paid in cash
the time Of sale the cash deposit here
before required which shall be received
a part OF the purchase price, and also /
the same time and from time to time i
GREATER such further portions OF said
rchase price shall be paid in cash "a
. court may direct I'm order to meet
2 expenses Of said suit and to pay such
aims. If any, against the mOrtCaged
Operty as the court may adiudge 10 be
Tor In equity TO the said mortgage OF
)vember |, 1887. The court reserves the
yht TO reject any bid, and to resell said
emises and property, upon failure Of
" purchaser fO- twenty days 10 comply
tn any order Of the court requiring -
yment. The balance Of the purchase |
Ice not required TO be paid I'm cash may l.
her be paid In cash, or the purchaser
~ satisfy and make good such balance
his bid in whole or in part by paying q
er and surrendering outstanding bonds OF
,ured by said mortgage or November
1884, and overdue coupons appertaining
hnnHC - oil cot q
lpons being received at such price or
ue as shall be equivalent TO the amount
1t the holders thereof would be entitled =
receive thereon in case the entire pur-
fSe price were paid IN cash. -
any bid shall be accepted by the VI
lrt. and the person making the same v
al fan 70 comply with all the condi- 10,
rs OF sale and all orders Of the court IA
bidder shall be forfeited, and shall en-
applied as the court may direct. Sa
ne purchaser or purchasers at said sale OF
III, as part of the consideration for =,
n sale, take the property purchased X
IN the express condition that he or T
y, OF his or their assigns, approved ~ -
court will pay of and satisfy any HoUr
all claims filed in this cause, but only 10
en- the court shall allow such claims sr1
adjudge the same to be prior in lien dr.,
said mortgage Of November J. 1881 ma
in accordance with the order or or -
5 or the court allowing such claims III
adJud4ng with respect thereto, ana ~
purchaser or purchasers or their APP At
we'd assigns shall be entitled 10 appeal IA,
n any and all orders or DEGREES OF the ord
re In respect 20 such claims or any or rea
N, and shall have all the rights In re-
I 10 such appeals which the complain N
Central Trust Company, Of New "
X, would have in case such appeals ~
been taken by IT, The purchaser or rSs
,hasers at said sale shall also, as part y
he consideration. In addition 10 the
ment or the sum or sums bid. take IT
property purchased upon the express ~
lition that he or they, or his or their
snS, approved by the court. will pay
md satisfy all debt or obligations in --
ed. or to be incurred. by the receivers
ng possession Of such property, which ~
not been, or shall not be paid by
receivers. and which shall be ad- a
ed by the courts 10 be debts or Ob- | ME
ms properly chargeable against the flee
erty purchased, and 20 be prior or sire
Tior 10 the lien of said mortgage Of Aug
smber l, 1887. BS
e court reserves the right to retake
resell said property in case of the ty
re or neglect or the purchaser or 60
hasers, or his or their assigns an
ed by the court as aforesaid to com
With any order OF the court I'm respect
ayment OF prior lien claims above 0p6a
Toned within twenty days after SER Vibu
or copy 81 such order upon SAID
haser or purchasers, or his or their r.
MS.
purchaser or purchasers at said
snail not be required TO assume or
any leases OF any railway or ran
owned or held by the railroad COM Va
as lessee, but shall have the right "
ect whether or not TO assume or
the same or any thereof -
IN continuation OF said sale and COM