The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-08-15
COMMISSIONERS SALE OF THE MA.
RIETTA e. NORTH GEORGIA
RAILWAY.

/ mall w "A
| Under and by virtue OF Decree of Foreclosure
| and Sale rendered by the Circuit Court of the
United States for the Northern District of Georgia
| on the 18th day of May, 1893, and thereafter
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.
| pany and Others defendants, being con-
| Sodated 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
| Doth day of June, 1893, and ratified and adopted
| by tthe 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 Tennes.
| see, Northern Division, rs 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, 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; we, the
! undersigned Special Commissioners, shall pro-
coed to offer at public sale TO the highest bidder
or bidders on the premsesat 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 on Saturday the 10th day of
August, 1885, 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,
P;ckens, Gilmer and Fannin to the town of Blue
Ridge in Fannin county, Georgia, sand 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
| tancc OF about 205 miles from Marietta to Knox.
| vile, being standard guage road, and about
956 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 l2.5l miles in
| the State of Georgia of this narrow guage road
and about II 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
| ngs, fixtures and the equipment, rolling stock,
machinery, tools, implements and furniture what
ever connected with or belonging to the said line
of railway;an also all rights, privileges, fran chises
| leases, contracts, chooses in action and similar
property, whether legal or equitable, bele1ging
| to said Marietta & North Georgia Railway Com
| pauy 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 TO be offered for sale
| in five different parcels as follows, to-wt;
l. That portion of said standard gauge road
| living 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
1O9 81 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 a
minimum or upset price OF $4,000, and no bid
| for less sum shall bc received; and that de-
post in cash certified check shall be made with
the Special Commissioners at the time OF sale in
| the sum of $4,000,
2 The said bridge over the Tennessee river at
Knoxville, its approaches and tracks laid in con-
necton Herewith, shall be offered for sale in one
| parcel at 4 minimum or upset price OF $4,000
and 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 $4,000.
| g. There shall be offered for sale as 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 1851 miles, together with all the broad
gauge rolling stock and equipment OF every kind
| aud character belonging to said Marietta X North
| Georgia Railway, at 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-
| cial Commissioners the sum of $4,000.
| 4. There shall then be offered as one parcel the
narrow gauge road eAtendinglfrom Blue Ridge in
| the State OF Georgia to the State line between
! Georgia and North Carolina, distance of about
l2.5l miles, together with all narrow gauge rolling
stock and equipment belonging to said Marietta
/ ~
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 Commissioners $4,000.
| g. There shall then be offered rs one parcel the
narrow gauge road lying in the state OF North
| Carolina extending from the state line between
Georgia and North Carolina distance of about
II. 40 miles, at Il minimum or up set price o
Sl2, 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., 900.
Then the whole of said standard gauge anC
narrow gauge road and appurtenant propert!
| lying in the States OF Georgia, Tennessee ant
North Carolina, together with the rolling Stocl
| and equipment will be offered for sale as an en-
! tirety aud no bid will be received except for
sum greater than S9i2, 000 the aggregate amoun
of the separate bids for the five separate parcels o
| property aforesaid and a deposit of Sl25,O00 il
cash or certified check at the time OF making Tho
bid will he required from any bidder for the whole
system of railway and equipment. If bid o
over S942 900 be made for the whole property solo
as an entirety the same shall be struck Oft to thu
pu rchaser; but II no bid for the whole property
be made exceeding $942 900, then the several par
| their respective purchasers. The balance of thu
| purchase money not required to be paid at thu
| time of sale may be paid in cash or otherwise a
provided in the DEGREES to which special reference
! Is made for more particular description of tht
property and the terms and conditions of sale.
| The foregoing sales made subject 10 con
frmation by the Circuit Court of the Unite,
| States for the Northern District of Georgia an,
| as to the property in Tennessee and North Caro-
lima su beet TO confirmation by the Circuit Court
| of the United States for the Eastern District 0
| Tennessee, Northern Division, and Western Dis
trict OF North Carolina.
ROBT. ]. LOWRY, and
II. II. TAYLOR,
| Special Commissioners
Butler, stillmau 4 Hubbard, and Henry b