The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-08-08
COMMISSIONERS SALEOF THE MA
RIETTA & NORTH GEORGIA
RAILWAY.


and Sale rendered by the Circuit Court OF TIL
United States for the Northern District of Geore
on the 18th day of May, 1893, and thereafts,
by the Circuit Court of the United States for nj
Eastern District of Tennessee, Northern Divisiof3
| and the Circuit Court of the United State
| tor the Western District of North Carolina i,
equity causes wherein the Central Tru
| Company of New York and the Boston Sa
Deposit & Trust Company, are complainantI
and Marietta North Georgia Railway Com
( pany and others are defendants, being con-
solidated causes Nos. $50 land Al in the Circuit
| Court OF the United States for the Northern
District of Georgia; and by virtue of an order OF
decree passed by the Circuit Court of the United
States for the Northern District of Georgia on the
goth day of june 1885, and ratified and adopted
| by Lthe aforesaid Circuit Courts of the United
States for,tbe 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 Tonnes
see, Northern Division, as of 18th day of May
| 1885, 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 1895
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 Divsion we the
| undersigned Special Commissioners, shall pro-
coed to offer at public sale to the highest bidder
or bidders, on the premiSesat the passenger station
OF said Marietta North Georgia Railway in the
town of Marietta, in Cobb County, State of Geor.
gia, at IL o'clock noon Saturday the 10th day OF
August 1895, ali and singular the corporate prop
erty and franchises OF said Marietta & North
Georgia Railway Company, the line of railway ex-
tending from the town of Marietta in Cobb Coun-
tyGeorgia through the counties of Cobb, Cherokee,
Pickens, Gilmer and Fannin to the town of,Blue
Ridge, in Fannin county, Georgia, sand thence on
to the city OF Knoxville in Knox county, TeRpes-
see, through the counties OF Polk, McMinn, Mon
roe, LoudOn, Bount and Knox, being total dis
lance of about 2G5 miles from Marietta to Knox
vile, being a standard guage road, and about
956l miles lying in the State of Georgia and about
l0931 miles lying in the State of Tennessee; and
also the further line of said railroad being mar
row guage road, extending from the town OF Blue
Ridge, in Fannin county, Georgia, to Murphy, in
Cherokee county, North Carolina, a distance of
about % miles, there being about l.. 81 miles in
the State of Georgia of this narrow guage road,
and about l2.49 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 equj pment, rolling stock,
machinery, tools, implements and furniture what
eyer connected with or belonging to the said line
of railwayand also all rights privileges franchises,
leases, contracts chooses in action and similar
property, whether legal or equitable, belonTing
to said Marietta & North Georgia Railway Conn
pauy or to which 1t is iE 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 to be offered for sale
in five different parcels as follows, to-wit:
/. That portion of said standard gauge road
lying in the State OF Tennessee and extending
see to the City of Knoxville a distance of about
l09.Sl miles, exclusive of the bridge aud its APP
proaches and.the track laid upon rights of way
acquired by said Receiver, over the Tennessee
river, and exclusive of all rolling stock and
equipment, shall he sold us one Parcel at
minimum or upset price OF S325000, and no bid
for less sum shall be received; and that de-
post in cash or certified check shall be made with
the Special Commissioners at the time of sale in
the sum OF $4,000.
.. The said bridge over the Tennessee river at
vii .bnSa tro,l ln;J
neCtiOn Herewith, shall be offered for sale in on
parcel at a minimum or upset price OF $40 600 ;
and at the time OF sale there shall be paid in cash
or certified check to said Special Commissioners
making the sale OF said bridge ana itsapproaches
the sum of 5000.
j. There shall be offered for sale as a separate
parcel 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 1851 miles, together with all the broad
gauge rolling stock and equipment of every kind
and character belonging to said Marietta & North
Georgia Railway, at 4 minimum or upset price of
S55O.OO0, of which sum there shall be paid in cash
certified check at the time of sale to said SPEC
cial Commissioners the sum of 100000.
i. There shall then be offered parcel the
narrow gauge road extending. from Blue Ridge in
the State OF Georgia to the State line between
Georgia and North Carolina 4 distance of about
1881 miles, together with all narrow gauge rolling
stock and equipment belonging to said Marietta
North Georgia Railway Company, at mini
mum or upset price OF $4,000 of which sum there
shall be paid i'll cash or certified check AT the time
OF sale to said Special Commissioners So, 00O
5. There shall then be offered as one parcel the
Harrow gauge road lying in the State of North
Carolina extending from The State line between
Georgia and North Carolina a distance of about
| L. ~ miles, at minimum or up set price OF
$4,000 and there shall be paid in cash or certi-
| fled check at the time OF sale to said Special Com
miSsionerS the sum OF s., 500
Then the whole Of said standard gauge and
| narrow gauge road and appurtcnant property
| lying in the States of Georgia, Tennessee and
| North Carolina, together with the rolling stock
| tirety and no bid will be received except for a
sum greater than S9l2, goo, the aggregate amount
of the separate bids for the five separate parcels of
. property aforesaid; and deposit of Si25 900 in
/ cash or certified check at the time of making the
bid will he required from any bidder for the whole
system of railway and equipment. If bid OF
over S942, 600 be made for the whole property sold
as entirety the same shall be struck OF to the
/ purchaser; but if no bid for the whole property
be made exceeding S942 600, then the several par.
cells herein before described shall be struck of tC
| their respective purchasers. The balance of the
| purchase money not required to be paid at the
| time of sale may be paid in cash or otherwise a:
provided in the DEGREES to which special reference
| is made for a more particular description of the
| property and the terms and conditions of sale.
| The foregoing sales are made subject To con.
| hrmaton by the Circuit Court of the United
States for the Northern District of Georgia anC
| as to the property in Tennessee and North { aro
lima subject to confirmation by the iCrcuit Court.
] of the United States for the Eastern District O.
| Tennessee, Northern Division, and Western Dis
| trict of North Carolina
| ROBT. ]. LOWRY, and
II. II. TAYLOR,
| Special Commissioners
J Butler, Stilman K Hubbard, and Henry
Tompkins Soil tors for COmplaiuautS,