Birmingham age-herald., 1895-09-19
Special Masters Sale of the
 Savannah & Western Railroad.

4NOllCt IS neTeDy gwen lIldl III pufSudilcS of a decree of the Circuit Court. of the
 United States for the middle district of Ala.
 bama entered on August 26. 1895. in the suit of the Central Trust Company of New York against the Savannah and Western Rail- road Company, and the decrees of the Cir cult Courts of the United States for the sev- eral districts hereinafter mentioned In suits of the Central Trust Company of New York
 against the Savannah and Western Rail-
 road Company. to-wit The Southern dvi-
 sion of the Northern district of Alabama the Northern district of Georgia and the Eastern division of the Southern district of Georgia, I, the subscriber Special Master
 thereby designated, will, on ..,1 -. sa-..s ... SATURDAY, THE 9TH DAY OF OCTO- |. -.5.. B A". BIER, 1885, --.s s |.
 or the day to which I may adjourn. such sale, at F o'clock noon, on the mortgaSed premises, at the main freight station at Birmingham, in the State of Alabama pro- ceed to offer at public Sale, to the highest | bidder or bidders, all the railroads premises
 and property;;4 rights, privileges and sfraill chises by safd decrees directed to be sold, a
 brief general description whereof is as fol- lows. viz All the right title and interest of the Savannah and Western Railroad Company in and to all it's certain railroads lying and being in the States of Georgia
 and AlabamasI including the line of railway extending from the town of Meldrin, near Eden to the town of Lyons. both in the State of Georgia; the line of railway se21 tending from Amereus. Ga.. by the way of, Columbus. Ga; to Birmingham, Ala, and the line of railway from Columbus, Gas, tO Greenville, Ga. and the line of railway from Opelika. Ala, to Roanoke, Ala. and from Eufaula, Ala, to Ozark, Ala, together with appurtenaiices; the line of railway extends ing from Griffin, Ga~, to Carroilton, Ga; ; the line of railway extending from Carroll ton, Ga to the city of Chattanooga, in the tnf nf TpnnaGCpn to d mortgage executed by the Chatta-
 nooga Rome and Columbus Railway Com Dany to the Central Trust Company or New York. Also the capital stock of the Sayani nah and Ogechee Canal Company the canal
 of which runs from Savannah in in river; also what is called the River Front Railroad in Savannah and the graded line of road running from the neigRborhood of the city of Savannah in the direction of Dublin, in the State of Georgia, and being fromerly known as the Savannah Dublin and Western Short Line
 Railway, together with all and singular the property and assets of said Savannah and Western Railroad Company of every Kind, outside of the location of any of the lines of said railway, and however acquired, and all other lands, station houses, buildings, fix tures and the equipment, rolling stock, machinery tools, implements and furniture thereof connected with or belonging to the privileges, franchises, leases, contracts, choses in action and similar property be- longing to the said Savannah and Western Railroad Company, or to which 1t is in any way entitled, and also all property and ma terial 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 off to the highest and best bidder. The Special Mas any bidder who shall not place in his hands deposit with him at the time of
 making the bid, as a pledge that such bid. der will make good his bid if accepted by the Court, the sum of s25,000 in money or certified check, or in bonds secured by the consolidated mortgage of the Savannah and Western Railroad Company forecosed in said suits, taking the same at par of their principal.
 be sold, there shall be paid in cash at the time of the sale the sum of $25,0OO which will be received as a part of the purchase price. From time to time thereafter after confirmation, such other portions of the pur- chase price shall be paid in cash as the Court may direct, in order to meet the ex- penses of the suits and the payment of any preferential claims or receivers debts. The Court reserves the right to reject any bid, property upon the failure of any purchaser for twenty days to comply with any order of the Court. requiring payment of the. re mainder of the bid or any part thereof, or any allowed receivers debt or preferential claim. The balance of the purchase price | not required to be paid in cash may either be paid in cash or the purchaser may satis- fly and make good the said balance of his bid in whole or in part by paying over and
  due coupons appertaining thereto or either, said bonds and coupons being received at
 such price or value as as s shall be equiyaalent & t9 be entitled to receive thereon in case the en- | tire purchase price was raid in cash. If any, bid shall be accepted by the Court and the | person making the same shall fail to com ply with all the conditions of sale and all sum deposited by. the bidder shall be forfeited and shall be applied as the Court may direct.
 The purchaser or purchasers at such 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 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 or der or orders of the Court allowing such claims and adjudging with respect thereto,
 and the purchaser or purchasers or their approved assigns will be entitled to appear, resist and appeal from any and all orders or decrees of the Court in respect to such claims or any of them, and shall have all the
 rights in respect to such appearance. resist ance and appeals which the complainant Central Trust Company of New York would have in case such appeals had been taken
 by it. .,o shall also, as part of the consideratlon in
 addition to the payment of the sum or sums
 bid, take the property purchased upon the
 express condition that he or they, or his or their assigns approved. by the Court, will pay off and satisfy all debts or obliga- tions incurred or to be incurred by the re- ceivers having possession of such property which have not been or shall not be paid by said receivers or otherwise, and which shall be adjudged by the Court to be debts or ob- legations properly chargeable against the property purchased and to be prior or su-
 perior to the lien of the mortgage fore
 closed in said suits.
 The Court reserves the right to retake and
 resell said property in case of the failure or
 neglect of the purchaser or purchasers, or
 his or their assigns approved by the Court
 as aforesaid, to comply with any order of
 the Court in respect to payment of prior
 lien claims above mentioned within twenty
 days after service of copy of such order
 upon said purchaser or purchasers, or his
 or their assigns.
 The purhaser 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 adopt the same
 or any of them. e
 Upon confirmation of said sale and com
 pletion of the purchase by the purchaser
 or purchasers said purchaser or purchasers
 will be entitled to receive from the Special
 Master a deed or deeds of the property
 sold, and also good and sufficient deeds of
 conveyance or evidence of transfer from the
 receivers of any and all property sold which