Birmingham age-herald., 1895-09-05
Special Masters Sale of the Savannah & Western
 Railroad. .r

Notice is hereby given that in pursuance of decree of the Circuit Court of the United States for the middle district of Alas. 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 divi- 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
 THE 9TH DAY or OCTO- BIER, 1895.
 or the day to which 1 may adjourn such .sale at F o'clock noon, on the mortgaged premises, at the main freight station at in the State of Alabama, pro- .ceed to offer at public sale, to the highest bidder or bidders, all the railroads premises and property, rights, privileges and fran ,chises by said 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 Alabama, including the line of railway extending from the town of Aleldrin near Eden, to the town of -Lyons, .both in the State of Georgia; the line of railway eX- tending from Americus. Ga, by the way of Columbus, Ga, to Birmingham Ala, and tine line of railway from Columbus, Ga., to GreenVille Ga, and the liue of railway from Opelika, Ala, to Roanoke, Ala, ana from Eufaula, Ala to ozark, Ala. together with ,appurtenances; the line ot railway extend ling from Griffin, Ga. to Carrollton Ga.; the line of railway extending from Carroll ton Ga, to the city of Chattanooga, in the State of Tennessee, which IS sod subject to mortgage executed by the ChaCta- nooga, Rome and Columbus Railway Con- pany to the Central Trust Company of New York Also the capital stock of the sayan7 nah and Ogechee Canal Company, the canal of which runs from savannah in d westerly direction to the Ogechee fye5 ye5 aEo Rarosd %aa in sasa ahe ef and the graded line of road running from the neighborhood of the city of Savannah in the direction of Dublin, in the State or Georgia and being formerly 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 real, personal or mixed, whether within or outside of the location of any Of the lines ot said railway and however acquired and all other lands, station houses, buildings fix lures, and the equipment, rolling stock, machinery tools. implements and furniture 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 said Savannah and Western Railroad Company, or to which it is in any way entitled. and aiso all property and ma terial purchased or built by the receivers for use such railroads
 Said property will be offered as an en- tirety and in one parcel and struck oh to the highest and best bidder. The Special Mas ter 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 yi,,rr nl loo der will make good his bid if accepted by the Court, the sum of s25,OO0 in money or certified check, or in bonds secured by the consolidated mortgage of the Savannah and Western Railroad Company foreelosed in said suits, taking the same at par Of thelr principal. , be sold, there shall be paid in cash at the time of the sale the sum of S23,O0O, which will be received a part of the purchase price. From time to time thereafter, after confirmation, such other portions of the puf- 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 10 reject any bld; and to retake and resell said premises and property upon the failure of any purthaSer for twenty days to comply with any order of the Court requiring payment ot 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- fy and make good the said balance of his bid in whole or in part by paying over ana surrenderng outstanding bonds and over 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 be entitled to receive thereon in case the ell tire purchase price was raid in cash. II any hid shall be accepted by the Court and the person making the same small fau 10 com ply with all the conditions Qt sale and all sum deposited by the bidder shall be forfeited and shall be applied as the fouHt may direct.
 The purchaser or purchasers at sgch sale shall as part of the consideration for such sale take the property purchased Gnon tae express condition that he or they, or hls of their assigns, approved by the Court vii pay off and satisfy any and Ill claims i.ets in this cause, but only vreu tle Court Sh n allow such claims and ac3udse tHS stI,ie t2 be prior in lien to tine nor lgdse Iofeclosed in said suits and in accofo 1l2ce Wlth 'le or der orders of the Court allowing such claims and adjudging ith respect thereto, and the purchaser O. 9u.chaseFs or thelr approved assigns will Dc entitled to appear, resist and appeal from a4ly and alt orders or decrees of the Court ill respect 10 such claims or any of them and shall have all the rights in respect to sdCh appearance resist ance and appeals which the r0mplalnLnt Central Trust Company of New York would have in case such appeals had been taken
 The purchaser or pcrchAsers at said sale shall also, as par CT the eaGH5 5jefat Qt, III addition to the payment Of tne snFn or sums bid take the property purchased Bpon the express condition thai he 'r thes VT his or their assigIss approFe,1 oy the S9nrt' will pay off and satisfy all oehts or obliga- tions incurred or to bc incurred by the re- ceivers having possession ot such property which have not been oT snail not be paid by said receivers or otherwise. and which shall be adiudgcd by the Court to be debts or ob- Iigations properly chargeable against the Droperty purchased. and to be prior or su- pcrior 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 or prior lien claims above mentioned within twenty days after service of a copy of such order upon said purchaser or purchasers, or ms 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 bv 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.
 Tnon confirmation of said sale and com pletion of the purchase by the purchaser or purchasers, said purchaser or purchasers will he entitled to receive from the special Master a deed or deeds of the property sold, and also good and sufficient deeds of