The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-10-24
COMMISSIONERS SALE OF THE MA.
RIETTA s. NORTH GEORGIA
RAILWAY.


Eastern District OF Tennessee, Northern Division,
and the Circuit Court of the United States
Tor 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 compainants
and Marietta North Georgia Railway Com
pany and others are defendants being con-
solidated causes Nos. 359 and All the Circuit
Court OF the United sta ties 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 the
1Oth day OF June, 1885, 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, of 18th day of May,
1873, 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-
gia, 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 III. III, Taylor,
the undersigned special commissioners, shall pro-
coed to offer at public sale TO the highest bidder
or bidders, 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,
Pckens, Gilmer and Fannin to the town OF Blue
Ridge, in Fannin county, Georgia, and 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 standard guage road, and about
1851 miles lying in the State OF Georgia and about
109.31 miles lying i'll the State OF Tennessee; and
also the further line of said railroad being mar
guage road, extending from the town of Blue
Ridge, III Fannin county, Georgia, to Murphy in
Cherokee county, North Carolina, a distance of
about % miles, there being about 1851 miles in
the State of Georgia OF this narrow guage road,
and about 12.49 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 equipment, rolling stock,
machinery, TOOLS implements and furniture what
ever connected with or belonging to the said line
of railway;and also all rights privileges, franchises
leases, contracts, chooses in action and similar
property, whether legal or equitable, belonging
to said Marietta & North Georgia Railway Com
pany to which it is il 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 as follows,
t0wit:
/. Said II. Il. Taylor, special commissioner,
shall at II o'clock noon on Saturday, the 23rd
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
(a) That portion of said standard gauge road
lying in the State of Tennessee and extending
from the State line between Georgia and Iennes-
see to the City of Knoxville distance of about
1O9 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
river and exclusive of all rolling stock and
equipment, shall be sold one parcel at a
minimum or upset price of $245,000, and no bid
for less sum shall! oe received; and that de-
posit in cash certified cheek snail be MADE with
the Special Commissioner at the time OF sale in
the sum OF So, COO
o. The said bridgelover the Tennessee river at
Knoxville its approaches and tracks lald IN con-
necton Herewith, shall be by said Ii. IL. Taylor,
special commissioner, offered Tor sale In one
parcel at a minimum or upset price OF $4,000;
and at 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,
tlse sum oil $4,000.
After offering the broad guage road In TENNESSEE,
and the bridge and its approaches, separately,
said IL. 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 North Georgia
Railway living the state OF tennessee, dIOre-
said, said H. H. Taylor shall then proceed and be
at Marietta in the county OF Cobb, in the state OF
Gesrsia lat twelve o clock noon Monday the 25th
day OF November 1856 to take part in the sale
of the remaining portions of said Marietta and
North Georgia Railway as follows:
Robert J. Lowry special commissioner, shall on
Thursday the DIST day of November, 1895. at l.
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 q
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 tolier Tor sale as a separate par
Gel 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 minimum or upset price Of
S390000, of which there shall be PAID in cash
certified check at the time OF sale to said Spe
ca Commissioner the sum OF $50, 600.
(b) There shall then be offered by Robert j
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
II. 81 miles, together with all narrow gauge rolling
stock and equipment belonging to said MARKETS.
& North Georgia Railway Company, at mini
mann upset price of $4,000, OF which sum there
shall be paid in cash or certified check at the time
of sale to said Special Commissioner 81 800.