The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-09-12
LEGAL SALES.
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Special Masters Sale
OF THE
Savannah and Western Railroad.

Notice is hereby given that in pursuance
or a decree Of the circuit court Of the
United States for the Middle district OF
Alabama entered on Aug. IS, 1885, in the
SUIT OF the Central Trust Company OF
New York against the savannah and
western Railroad Company, and the de-
erees OF the circuit courts OF the United
states for the several districts hereinat-
Ter mentioned In suits OF the tenuat
Trust Company Of New York against the
Savannah and Western Railroad Compa-
ny, to-Wtt, the southern division Of the
Northern district Of Alabama; the North
ern district OF Georgia, and the eastern
division % the Southern district of GeOr-
gia; i, the subscriber. special master
thereby designated, Will on Saturday, the
eth day OF october. 1895. or the day TO
which | may adjourn such sale, at Il
o'clock noon. ON the mortgaged prem
ises. at the main freight station at Birm-
ingham. in the state OF Alabama, proceed
der or bidders, al the railroads, prem
lses and property, rights, privileges ana
franchises by said DEGREES directed TO
be sold, brief general description where
OF Is as follows, viz; All the right, title
and interest OF the Savannah and West
ern Railroad Company in and to all its
certain railroads lying and being in the
states Of Georgia and Alabama, iSclud-
ing the line OF railway extending from
the town Of Meldrim, near Eden. 70 the
town Of Lyons both in the state Of GeOr-
gia; the line Of railway extending from
Americus Georgia, by the way OF Column
bus, Ga, TO Birmingham, Ala, and the
line of railway from Columbus, Ca, to
Greenville. Ca, and the lire Of railway
from Opelika, Ala, TO Roanoke, Ala,
and from Eufaula, Ala, to ozark, Ala,
together with appurtenances; the line OF
railway extending from Grifhn, Ga, 20
CarrOllton Ca, the line of railway eN-
tending from Carrollton, Ga, TO the city
of Chattanooga, in the state Of Tennes-
see, which Is sold subject to a mortgage
executed by the Chattanooga. Rome and
trail Trust Company OF New York Also
the capital stock of the Savannah and
Ogeechee Canal Company, the canal OF
which runs from Savannah IN a west
erly direction to the Ogeechee river; also
what Is called the River Front railroad
In savannah, and the graded line Of road
city of Savannah In the direction Of Dub
lin, in the state of Georgia, and being for
merly known as the savannah, Dublin
and Western Short Line Railway; to-
gether with all and singular the property
and assets of said Savannah and West
ern Railroad Company of every kind,
real, personal or mixed, whether within
or outside of the location of any of the
lines of said railway, and however ac-
quired. and all other lands station
houses, buildings mixtures and the
TOOLS implements and furniture thereof
connected with or belonging 20 the said
lines of railway; and also all rights, priv
ileges, franchises, leases, contracts,
chooses in action and similar property be-
longing to the said Savannah and West
ern Railroad Company or 10 which It is
erty and material purchased or built by
the receivers for use on such railroads.
Said property will be offered as an en-
tirety and In one parcel and struck or
TO the highest and best bidder, The spec
ial master will accept no bid for the
property from any bidder who shall not
place in his hands or deposit with him at
the time of making the bid, as a pledge
that such bidder viii make good his bid
If accepted by the court, the sum OF go
900 in money or certified check, or in
bonds secured by the Consolidated mort
gage Of the Savannah and Western Rail-
road Company foreclosed in said suits,
taking the same az par of their principal.
OF the price az which said property
shall be sold, there shall be paid IN cash
at the time Of the sale the sum OF $25, 900.
. which win be received as part OF the
purchase price. From time to time there
after, after confirmation, such other por-
tions of the purchase price shall be paid
In cash as the court may direct, In, order
to meet the expenses Of the suits and the
payment OF any preferential claims or
receivers debts. The court reserves the
right to reject any bid. and TO retake
and resell said premises and property,
upon the failure of any purchaser for
twenty days to comply with any order
of the court requiring payment Of the
remainder Of the bid or any part thereof,
or any allowed receivers debt or pref
erential claim. The balance Of the pur-
chase price not required TO be paid IN
cash may either be paid In cash or the
purchaser may satisfy and make good
thd said balance Of his bid I'm whole or IN
Outstanding bonds and overdue coupons
appertaining thereto, or either said
bonds and coupons being received at such
price or value as shall be equivalent 20
the amount which the holders thereof
would be entitled TO receive thereon IN
case the entire purchase price was paid
In cash. II any bid shall be accepted by
the court and the person making the
same shall fail to comply with all the
conditions Of sale and all orders or the
court with respect thereto, the sum de-
posted by the bidder shall be forfeited
and shall be applied as the court may d.
rect.
The purchaser or purchasers at such
sale shall as part OF the consideration
for such sale, take the properly purchas-
ed upon the express condition that he or
they, or his or their assigns approved by
the court, will pay off and satisfy any and
all claims filed in this cause, but only
when the court shall allow such claims
and adJudge the same to be prior IN lien
to the mortgage foreclosed in said suits
and in accordance with the order or or
ders of the court allowing such claims
and adjudging with respect thereto, ana
the purchaser or purchasers or their
approved assigns WIN be entitled 10 APP
pear, resist and appeal from any ana all
orders or DEGREES Of the court IN respect
to such claims or any Of them, and shall
have all the rights in respect to such APP
pearance resistance and appeals which
the complainant Central Trust Company
of New York would have in case such APP
peals had been taken by 1t.
The purchaser or purchasers at SAID
sale snail also, as part Of the considera-
ton, in addition to the payment of the
sum or sums bid, take the property pur-
chased upon the express condition that
he or they, or his or their assigns APP
proved by the court. will pay off and sat
fsfy all debts or obligations incurred or
to be incurred by the receivers having
possession Of such property, which have
not been or shall not be paid by said re-
ceiyers or otherwise, and which shall be
adjudged by the court to be debts or OBJ
legations properly chargeable against the
property purchased, and TO be prior or
superior to the lien of the mortgage fore
closed in said suits.
The court reserves the right to retake
and resell said property IA case OF the
failure or neglect OF the purchaser or pur-
ehasers, or his or their assigns approved
by the court as aforesaid, to comply with
any order Of the court IN respect to pay
ment OF prior lien claims above mention
ed within twenty days after service of
a copy of such order upon said purchas-
er or purchasers, or his or their assigns.
The purchaser or purchasers at. said
sale are not required TO assume or adopt
any leases of any railway or railways
owned or held by the defendant railway
company as lessee, but shall have the right
to elect whether or not to assume or
-. sa4rxr ~ hav