The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-07-18
COMMISSIONERS SALEOF THE MA.
RIETTA s. NORTH GEORGIA
RAILWAY.

and Sale rendered by the Circuit Court of the
United States for the Northern District of Georgia
by the Circuit Court of the United States for the
Eastern District of Tennessee Northern Division,
and the Circuit Court of the United States
for the Western District of North Carolina, in
equity causes wherein the Central Trust
Company of New York and the Boston Safe
Deposit Trust Company, are cOmplainants
and Marietta North Georgia Railway Com
pany and others defendants being con-
solidated causes Nos. 359 land 4l7'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 Tor the Northern District of Georgia the
10th day of June, 1898, and ratified and adopted
by lthe aforesaid Circuit Courts of the United
States t0rs.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 May,
1895, 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
ana which said last referred to decree was afteg-
wards Is ratified and adopted By said Circuit Court
OF Tennessee, Northern Division; we the
undersigned Special Commissioners, shall pro-
coed to offer at public sale to the highest bidder
OF bidders, on the premisesat the passenger station
OF said Marietta North Georgia Railway in the
town Of Marietta, in Cobb County, State of Geor-
gla, 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-
ty,Georgia Through the counties of Cobb Cherokee,
Plckens, Gilmer and Fannin to the town OF Blue
Ridge, In Fannin county, Georgia, land thence on
to the city of Knoxville, in Knox county, Tennes.
see, through the counties Of Polk, McMinn, Mon
roe, Loudon, BlOunt and Knox, being total dis
lance OF about 205 miles from Marietta to Knox
vile, being a standard guage road, and about
1851 miles lying in the State of Georgia and about
l093l miles lying in the State of Tennessee; and
also the further line of said railroad. being
row guage road extending from the town of Blue
Ridge, in Fannin county, Georgia, to Murphy, in
Cherokee county, North Carolina, 4 distance OF
about % miles, there being about 1851 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
ana 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 equipment, rolling stock
machinery, tools, implements and furniture what
ever connected with or belonging to the said line
of railwayand also all rights, privileges
leases, contracts, chooses in action and similar
property, whether legal or equitable, belonging
TO said Marietta North Georgia Railway Com
pauy or to which it is in any way entitled; and
also all right title claim, interest and demand
of the said Marietta 4 North Georgia Railway
Company in and to the line of telegraph upon itt
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
from the State line between Georgia and Tonnes
see to the City of Knoxville a distance of about
l09.3l miles, exclusive of the bridge and 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 be sold as one parcel at q
minimum or upset price of 1925 900, 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
Knoxville, its approaches and tracks laid in con-
nection Herewith, shall be offered for sale in one
parcel at a minimum or upset price of $40, 900
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 and itSapproaches
the sum OF 5000
g. 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, a distance OF
about 9jGl miles, together with all the broad
gauge rolling stock and equipment OF every kind
and character belonging to said Marietta Il North
Georgia Railway, at Il minimum or upset price OF
S550.000, of which sum there shall he paid in cash
or certified check at the time OF sale to said Spe.
ciaI Commissioners the sum OF $4,000.
4. There shall then he offered as parcel the
narrow gauge road e1tendingtirom Blue Ridge in
the State OF Georgia TO the State line between
Georgia and North Carolina, distance of about
~ miles, together with all narrow gauge rolling
stock and equipment belonging TO said Marietta
4 North Georgia Railway Company at a mini.
mum or upset price OF SIS 900, OF which sum there
shall be paid in cash certified check at the time
of sale to said Special Commissioners -. OOU
S. There shall then be offered as one pa reel the
narrow gauge road lying in the State OF North
Carolina extending from the State line between
Georgia and North Carolina a distance Of about
u. 40 miles, at minimum or up set price OF
81, 200, and there shall he paid in cash or Certi
fed check at the time OF sale to said Special Conn
miSsioners the sum OF $500.
Then the whole OF said standard gauge and
| narrow gauge road and appurtenant property
| lying in the States of Georgia Tennessee and
| North Carolina, together with the rolling stocL
| and equipment will be offered for sale As an en-.
tirety, and no bid will he received EXCEPT for :
sum greater than S942, ZOO, the aggregate amount
of the separate bids Tor the five separate parceS
property Aforesaid; and deposit OF SIPS, 900 il
cash or certified check at the time OF making tn,
bid will be required from any bidder for the Who'll,
| system of railway and equipment. If a bid o
over SgI20 900 be made for the whole property sol,
an entirety the same shall be struck OF to tn,
purchaser; but if no bid for the whole propert,
! be made exceeding S9l2, 900 then the several par
GELS herein before described shall he struck of 4
! their respective purchasers. The balance OF thu
| purchase money rot required 90 be paid at tn,
! time OF sale may Ice paid in cash or otherwise a
provided IN the DEGREES to which special reference
| Is made for more particular description Of IN,
| property and the terms and conditions ut sale.
! The foregoing sales are made subject 90 con
! hrmation by the Circuit Court of the Unite,
states for the Northern District oi Gcorgiu, an,
| ~ TO the property IA Tennessee and North caro-
/ lima subject I" continuation 10y theL itcuit Court
| ot the United states Tor the Eastern District -
| Tennessee, Northern Division, and Western pis
1 irict Of North Carolina,
ROBr j. LOWRY, aud
n. II, TAYLOR,
Special Commissioner,
rHffr sNHU4r A Hubbard .r4 .tIrurV 4