Birmingham age-herald., 1895-09-12
Special Master Sale of the Savannah 6 Western COG
 Railroad. siih9

l Notice is hereby given that in pursuance 1 of decree of the Circuit ,Coitrt of. the l United States for the middle district of Ala l bama entered on August 26, 1895, in the suit
 of the Central Trust Company of New York 1 against the Savannah and Western Rail- 1 road Company. and the decrees of the Cir l cult Courts of the United States for the sev- eral districts hereinafter mentioned in suits | of the Central Trust coihpany of New York 1 against the Savannah and Western Rail- | road Company, to-wit: The Southern divi- | sion of the Northern district of 7Alabamae 1 the Northern district of Georgia and lthe | Eastern division of the Southern district of l Georgia, l, the subscriber, Special, Master l thereby designated, will, on
 l SATURDAY, THE 5TH7i DAY 'OFo o0CTO- BIER, 1895. f. .2'e l or the day to which may adi9arn. such | sale, at 12 o'clock noon, on the ,mortgaged l premises, at the main, freight station at l Birmingham in the State of Alabama, pro l ceed to offer at public sale to the highest | bidder or bidders. all the railroads. premises and property, rights, privileges and fraSls | chises by said decrees directed to be sold "a l brief general description. whereof is. as fel- | lows viz: All the right. title and interest | of the Savannah and Western Rairoad | Company in and to all it's certain railroads l lying and being in the States of Georgia l and Alabamas. including the line of railway l extending from the town of Meldrin. near | Eden, to the. town of Lyons. both in the State of Georgia; the line of railway ex- | tending from Amercus,, Ga. by the way of 1 Columbus. Ga, to Birmingham, Ala, and Greenville, Ga, and the line-of railway from 1 Opelika, Ala, to Roanoke, Ala, 'and from
 Eufaula, Ala. to Ozark Ala. together With appurtenanceS; the line of railway extend- | ing from Griffin, Ga-, to CargolAepy Ga; | the line of railway extending from Carroll ton, Ga, to the city of Chattanooga, in the State of Tennessee. which is SOld subject | to a mortgage executed by the Chatta- nooga. Rome and Columbus Railway tColn- | York. Also the capital stock of the Savan- | nah and Ogechee Canal Company, the canal
 of wSgtery wRa4 Fnrs from e osechae m
 FTon F4 Railroad da' in sasa sht i and | neighborhood of the city of Savannah In | the direction of Dublin, in the State of Georgia, and being fromerly knownsa as the the | Savannah, Dublin and Western Short Line Railway, together with alb and singular the property and assets of said Savannah and
 reai personal 'oru or mixed Whether with % or outside of the location of any of the lines Of said railway, and however acquired and all | other lanos, station houses, buildings, fix lures, and the equipment, rolling stock, machinery, tools. implements and fTnitupe thereof connected with or belonging to the said lines Of railway and also all rights, privileges, franchises, leases, contracts, choses in action and similar property be- longing to the SalQ odNdilildtl anu iNEssteII Railroad Company, or to which it is in any way entitled, and also all property and ma terial purchased or built by the receivers for use on such railroads s@ 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 or deposit with him al. the time Of der will make good his bid if accepted by the Court, the sum of $260oo in money or certified check, or in bonds secured by the | Western Railroad Company foreclosed in said suits, taking the same at par of their principal. 0I il Of the price at which said property shall | be sold, there shall be paid in cash at the | time of the sale the sum of $25,0O0, which
 price. From time to time 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 ofrany preferential claims or receivers debts.y The
 Court reserves the right to reject any bid | for twenty days to comply with any order l of the Court requiring payment of the re- | mainder of the bid or any part thereof,er | any allowed reeeipers' debt or preferential claim. The balance of the purchase price | not required to be paid in cash may either l be paid in cash or the purchaser may satis- l fy and make good the said balance of his
 bid in whole or in part by % paying % oyer l and
 
 due coupons appertaining thereto. or either,
 said bonds and coupons being received at | such price or value as shall be equivalent to
 the amount which the holders thereof would l be entitled to receive thereon in case the en- l tire purchase price was raid in cash. If any 1 bid shall be accepted by the Count and the | person making the same shall fail to. com | ply with all the conditions ot sale and. all | sum deposited by, the bidder shall be | forfeited and shall be applied as the Court | may direct. -#s st t#s | 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 be or they, or his or | their assigns approved by the Court, will | 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 l claims and adjudging With respect, thereto, approved assigns will be entitled to appear, resist and appeal from any and all orders or l decrees of the Court -ini respect to such claims or any of them, and shall have all the
 ance l s' and appeals which the acomplainant Central Trust Company of New York would have in case such appeals had been taken
 by it; no,osor or ru,cbasers- said sale | shall also as part of the consideration, in addition to the payment of the surfl' or sums bid, take the property purchased upon the
 express condition that he or they, ,h Sd,. or his will pay off and satisfy all debts or roblga- ! 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- ligations properly chargeable7 against the property purchased, and to be prior or. su- perior to the lien of the mortgage fore closed in said suits. u eH.s ..-~ 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, pa,ymspt of prior lien claims above mentioned within twenty days after service of a copy of such order upon said purchaser or purchasers, or his or their assigns itz 'Hti ID The purhaser or purchasers at said sale are not required td 1assumeio or adopt any | leases of any railway or railways owned or l held by the defendant railway company as lessee but shall have the right to elect whether or not to assume or adopt the same 1 or any of them.
 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 deed or, deeds of the property sold and also good and shfiiciett deeds of | conveyance or evidence Of transfer from the l receivers of any and all property sold which