The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-09-05
LEGAL SALES.
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Special Masters Sale
OF THE
Savannah and Western Railroad.
LEGAL SALES.

Notice is hereby given that in pursuance
81 decree OF the circuit court of the
United states for the Middle district OF
Alabama entered on Aug. Is, 1895. In the
suit or the Central Trust Company of
New York against the Savannah and
western haliroad Company, and the de-
crees OF the circuit courts OF the United
states Tor the several districts hereinaf-
yer mentioned in suits Of the Central
Trust Company Of New York against the
savannah and Western Railroad Compa-
ny. to-Wlt, the southern division of the
Northern district Of Alabama the North
eEh district OF Georgia, ana the eastern
division Of the Southern district of Geor-
GA l. the subscriber, special master
merely designated, viii on Saturday. the
otn day OF october, 1895, or the day TO
which 1 may adjourn such sale, at u
CLOCK noon, on the mortgageu prem
ises, at the main freight station at Birm-
lhsnahn, IN the state OF Alabama, proceed
10 offer at public sale TO the highest bid
der or bidders, all the railroads, prem
ises and property. rights, privileges and
franchises by said DEGREES directed to
De sold, brief general description where
OF IS as follows, viz; All the right, title
and interest Of the savannah and West
efn Railroad Company in and 10 all its
certain railroads lying and being in the
states Of Georgia and Alabama, inClud-
ing the line Of railway extending from
the town Of Meldrim, near Eden, 10 the
town OF Lyons, both In the state of Geor-
giai the line Of railway extending from
Americus Georgia, By the way Of Column
Jus "a, 70 Birmingham, Ala, ana the
line of railway from Columbus, Ga, TO
Greenville, Ca. and the line of railway
Itom Opelika, Ala, TO Roanoke, Ala,
ana from EufaUla, Ala, TO Ozark, Ala,
| together with appurtenances; the line OF
railway extending from Griffin, Ga, 20
Carroilton, Ga, the line of railway ex-
tending from CarrOutOn, Ca, TO the city
OF Chattanooga. in the state of Tonnes
see, which is sold subject to a mortgage
executed by the Chattanooga, Rome and
Columbus Railway Company 10 the Cen
tral Trust Company OF New York. Also
| me capital stock Of the Savannah and
Ogeeehee Canal Company the canal of
Wnlch runs from savannah IN a west
| erly direction TO the Ogeechee river: also
| what is called the River Front railroad
in savannah, and the graded line OF road
| running from the neighbOrhood Of the
| city OF Savannah In the direction of Dub
| lin in the state OF Georgia. and being for
merry known as the savannah, Dublin
| and Western Short Line Railway; to-
| gether with all and singular the property
/ and assets of said Savannah ana West
ern Railroad Company Of every kind,
| or outside of the location OF any of the
| lines Of said railway, and however ac-
CURED, and all other lands station
| houses. buildings fixtures, and the
equipment roiling-stOck machinery,
| tools, implements and furniture thereof
| connected with or belonging to the said
| lines Of railway: and also all rights, priv
| leges, franchises, leases, contracts,
| chooses in action and similar property be
| longing TO the said Savannah and West
| ern Railroad Company. or 70 which II is
I IN any way entitled; and also all prop
erty and material purchased or built by
! the receivers for use on such railroads.
said property viii be offered as an en-
| tirety and in one parcel, and struck off
| 10 the highest and best bidder. The spec
ial master viii accept no bid for the
| property from any bidder who shall not
| place in his hands or deposit with him a
| the time Of making the bid, as a pledge
| that such bidder viii make good his bid
/ If accepted by the court, the sum of $685..
| CO. in money or certified check, or IN
| bonds secured by the Consolidated mort
| gage of the Savannah and Western Rail-
| road Company foreclosed In said suits,
4 taking the same a par Of their principal.
| OF the price at which said property
| shall be sold, there shall be paid IN cash
| al the time Of the sale the sum Of SO, 400,
| which viii be received as part Of the
! purchase price. From time to time there
1 after, after confirmation, such other por-
| lions OF the purchase price shall be paid
in cash as the court may direct, in order
to meet the expenses Of the suits and the
! payment Of any preferential claims or
| receivers debts. The court reserves the
right to reject any bid. and to retake
! and resell said premises and property,
| upon the failure OF any purchaser for
| twenty days to comply with any order
| of the court requiring payment of the
remainder Of the bid or any part thereof,
or any allowed receivers debt or pref
erential claim The balance of the pur-
chase price not required TO be paid in
cash may either be paid In cash or the
| purchaser may satisfy, and make good
thd said balance or his bid In whole or in
| part by paying over and surfendering
| outstanding bonds and overdue coupons
| appertaining thereto, or either, said
| bonds and coupons being received at such
| price or value al shall be equivalent to
! the amount which the holders thereof
| would be entitled to receive thereon in
| case the entire purchase price was paid
| in cash. If any bid shall be accepted by
| the court and the person making the
same shall fail TO comply with all the
conditions OF sale and all orders Of the
court with respect thereto, the sum de-
posted by the bidder shall be forfeited
and shall be applied as the court may d.
The purchaser or purchasers at such
sale shall. as part Of the consideration.
for such sale, take the property purchas-
ed upon the express condition that he or
they or his or their assigns approved by
the court, will pay off and satisfy any and
all claims filed In this cause, but only
when the court shall allow such claims
and adjudge the same TO be prior In lien
to the mortgage foreclosed in said suits
and in accordance with the order or or
ders of the court allowing such claims
and adjudging with respect thereto, and
the purchaser or purchasers or their
| approved assigns Will be entitled to APP
pear resist and appeal from any and all
! orders or DEGREES of the Court IN respect
to such claims or any Of them, and shall
have all the rights in respect to such APP
pearance, resistance and appeals which
the complainant Central Trust Company
of New York would have in case such APP
peals had been taken by It.
The purchaser or purchasers at said
sale shall also, as part OF the oonsidera-
ton, in addition 4 to the payment of the
sum or sums bid, take the property pur-
chased upon the express condition that
he or they, or his or their assigns APP
proved by the court. will pay off and sat-
isfy all debts or obligations incurred or
ito be incurred by de receivers having
4 possession Of such property which have
not been or shall not be paid by said re-
ceivers or otherwise, and which shall be
adjudged by the court to be debts or OBJ
legations properly ehargeable against the
property purchased, and to be prior or
superior 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 pur-
chasers, or his or their assigns approved
by the court as aforesaid TO comply with
any order Of the court in respect TO pay
ment of prior lien claims above mention
ed within twenty days after service Of
a copy of such order upon said purchas-
er or purchasers, or his or their assigns
The purchaser or purchasers at said
sale are not required to assume or adopt
any leases Of any railway or railways
owned or held by the defendant railway
company a 8 lessee, but shall Have the right
to elect whether or not to assume or
adopt the same or any of them
Upon confirmation Of said sale and COM
pletion Of the purchase by the purchaser
or purchasers, said purchaser or purchas-
ers will be entitled to receive from the