The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-11-07
COMMISSIONERS SALE OF THE MA
RIETTA & NORTH GEORGIA
RAILWAY.


by the Circuit Court of the United States for the
Eastern District of Tennessee, Non them Division
and am the Circuit Court OF the United, States
equity causes wherein the Central Trust
Company of New York and the Boston Safe
Deposit Trust Company, are complainants,
and Marietta 4 North Georgia Railway Com,
pany and others are defendants. being con-
solidated causes Nos. $50 and All in the Circuit
Court of the United States for the Northern
District OF Georgia; and by virtue of an order or
decree passed by the Circuit Court of the United
States for the Northern District of Georgia on the
goth day OF June, 1898, and ratified and adopted
by the aforesaid Circuit Courts of the United
States for the Eastern District of Tennessee and
Western District OF North Carolina and also by
virtue OF DEGREES OF the Circuit Court of the
United States for the Eastern District of Tennes.
see, Northern Division as of 18th day of Nav
1925 which was ratified and adopted by the Cir
cult Court of the United States for the Northern
District of Georgia by its decree of 4th june 1885,
and which said last referred to decree was after
wards ratified and adopted by said Circuit Court
OF the United States for the Eastern District
OF Tennessee, Northern Division and also
by virtue OF decree of the circuit court of the
United States for the northern district of Geor-
gla, made ON the 10th day OF October, 1895, which
said last mentioned decree was ratified and adopt
ed by DEGREES OF the circuit court of the United
States for the eastern district of Tennessee north
ern division, and by the circuit court of the
United States for the western district of North
Carolina, we, Robert j. Lowry, and Ii. H, Taylor,
the undersigned special commissioners shall pro-
coed to offer at public sale TO the highest bidder
or bidders, All and singular the corporate prop
erty and franchises of said Marietta x North
Georgia Railway Company, the line Of railway ex-
tending from the town of Marietta, in Cobb Coun-
ty,Georgia through the counties of Cobb, Cherokee
Pickens, Giilmer and Fannin to the town of Blue
Ridge, in Fannin county, Georgia, and thence on
70 the city Of Knoxville, in Knox county, Tennes-
see, through the counties OF Polk, McMinn, Mon
rec, Loudon Rlount and Knox, being total dis
lance OF about 205 miles from Marietta to Knox
vile, being standard guage road, and about
$3.50 miles lying in the State OF Georgia and about
l09.31 miles lying in the State OF Tennessee; and
oil fl,nf f1prlt Il
row guage road, extending from the town of Blue
Ridge, in Fannin county, Georgia. to Murphy, in
Cherokee county, North Carolina, distance of
about % miles, there being about 12.51 miles in
the State OF Georgia of this narrow guage road,
and about Il. 40 miles in the State of North Caro-
lima; together with all and singular the property
and estate OF said company of every kind, real,
personal or mixed, whether within or outside the
location of said railway and however acquired
and all other lands, station houses, bridges, build
ings, fixtures and the equi pment, rolling stock
machinery, tools, implements and furniture what
ever connected with or belonging to the said line
of railway;and also all rights, chses
property, whether legal or equitable, belonging
to said Marietta & North Georgia Railway Com
pany or to which it is in any way entitled; and
also all right, title, claim, interest and demand
of the said Marietta & North Georgia Railway
Company in and to the line of telegraph upon its
right of way.
Said property 10 be offered Tor sale as follows,
towit:
l. Said H. II. Taylor, special commissioner
shall at II O'Clock noon on Saturday, the 2Srd
of November. 1895, at the southern end of the
approaches of the bridge over the Tennessee
river at Knoxville, in Knox county, Tennessee,
proceed to sell the following described portion
| OF said Marietta & North Georgia Railway:
(a) That portion OF said standard gauge road
| lying in the State of Tennessee and extending
from the State line between Georgia and Tennes-
see to the City of Knoxville a distance of about
109. 81 miles, exclusive of the bridge and its APP
proaches and the track laid upon right of way
| acquired by said Receiver, over the Tennessee
-, and nj nj oil rnl Cfn and
ecu ipment, shall be sold as one parcel at a
minimum or upset price OF $240,O0O and no bid
| for less sum shall! be received; and that a de-
post in cash certified check shall be made with
| the Special Commissioner sat the time of sale in
| the sum OF S35OOO.
(b) The said bridgeIover the Tennessee river at
Knoxville, itsapproaches and tracks laid in con-
nection Herewith, shall be by said II. IL. Taylor,
| special commissioner, offered for sale in one
| parcel at q minimum or upset price OF $4,000;
andat the time of sale there shall be paid in cash
| or certified check to said Special Commissioner
making the sale OF said bridge and itsapproaches,
| the sum OF $4,000.
| and the bridge and its approaches, separately,
said H. H. Taylor special commissioner. shall
| then offer for sale the two pieces OF property
jointly; but he can accept no bid for the two
Jointly which is less than the sum of the bids for
| the two when offered separately.
| 2. After making the sale of the said above set
| forth portions of said Marietta 4 North Georgia
Railway lying in the state of Tennessee, as afore-
| said, said II. H. Taylor shall then proceed and be
at Marietta, in the county of Cobb, in the state Of
day OF November 1895, to take part in the sale
OF the remaining portions Of said Marietta and
North Georgia Railway as follows;
Robert ]. Lowry, special commissioner, shall on
Monday, the 25th day OF November, 1898. at II
O'Clock, noon, proceed to offer at public sale to
the highest bidder or bidders, on the premises at
the passenger depot or station OF said Marietta
North Georgia Railway, in the town of Marietta,
| in Cobb county, Georgia, the following described
| property:
(a) Said Robert j, Lowry, special commits
| sioner, shall offer for sale as separate par
| eel the broad gauge road lying in the State OF
Georgia and extending from Marietta via Blue
Ridge to the Tennessee State line, distance Of
about 95.61 miles, together with all the broad
gauge rolling stock and equipment of every kind
aud character belonging to said Marietta North
Georgia Railway, at minimum or upset price of
S390.000 of which sum there shall be paid in cash
or certified check at the time of sale to said Spe-
ciaI Commissioner the sum of $4,000.
(b) There shall then be offered by Robert J.
i Lowry, special commissioner, as one parcel the
narrow gauge road extending from Blue Ridge in
| the State OF Georgia to the State line between
Georgia and North Carolina, distance of about
81 miles, together with all narrow gauge rolling
| stock and equinment belonging to said Marietta
| & North Georgia Railway Company, at a mini
| mum upset price of $4,000, OF which sum there
shall be paid in cash certified check at the time
! of sale to said Special Commissioner 81 500.
| (c) There shall then be offered by Robert j.
| Lowry, special commissioner, as one parcel the
| narrow gauge road lying in the State of North
! Carolina extending from the State line between
! georgia ana NORM OdTOll0a distance OF ABOUT
| II. 40 miles, at a minimum up set price of
$40 900, and there shall be paid in cash certi-
fed check at the time of sale to said Special Com
| missioner the sum- of 600
There shall then be offered by said Robert ] =.
! Lowry, special commissioner, as an entirety the
! three said parcels of property, towit The broad
! gnage road with its equipment lying in the state
! OF Georgia. the narrow guage roadwith its equip
| ment lying in the state of Georgia; and the mar
row guage road lying in the state of North Caro-
| lima, at the minimum or upset price of $t15s
! 600, and no bid shall be received for said
three parcels OF property offered together for less
sum than S4l5000.
3. Then the whole OF said standard guage aud
narrow guage road and appurtanent property,
lying in the states of Georgia, Tennessee and
North Carolina, together with the rolling stock
and equipment, will he offered for sale as an en-
tirety by Robert J. Lowry and II, II. Taylor,
special commissioners, and no bid will be receivs
ed except for greater than the aggregate
amour: of the separate bids that may have been
made for the five separate parcels of property
aforesaid, and deposit of 1872, 500 in cash
tilted checks at the time of making the bid will be
required from any bidder for the whole system
of railway and equipment. If bid greater than
the aggregate of the bids for the five separate
pieces OF property in Georgia, Tennessee and
North Carolina, be made for the whole property
sold entirety, the same shall be struck off
to the purchaser, and the special commissioners
shall report the sale as provided by the DEGREES.