Birmingham age-herald., 1895-09-26
Special Masters Sale of the Savannah & Western
 Railroad.

oi d uctTte Ol lflG A4Itutl NOhtL oA N4'S
 United States for the middle district of Ala
 bama entered. on August %. 1895, in the suie
 of the Central Trust Company of New York
 against the Savannah and Western Rail-
 road Company, and the decTees of the CIT cult Courts Of the United States for the sev-
 eral districts hereinafter mentioned in suits
 of heCentral Trust Company of New York
 against tine Savannah and Western Rail
 road Company, to-wit The Southern divi-
 sion of the Northern district of Alabama.
 the Northern district of Georgia and the
 Eastern division of the Southern district of
 Georgia, l, the subscriber, Special Master
 thereby designated. will, on
 SATURDAY. THE 9TH DAY OF oGTO-
 BIER, 1895,
 or the day to which 1 may adjourn such sale, at 12 o'clock noon, on tue mogtgased premises at the main freight station at Birmingham, in the State of Alabama, pro eeed to offer al nub1ic sale, to the highest bidder or bidders, all the railroads premises and properly, rights, privileges and fran chsesil)y said decrees directed to be sold, d brief general description whereof is as fol- lows. viz: All the right. title and interest
 of the Savannah and Western Railroad
 Company in and to all it's certain railroads lying and being in the States of Georgd and Alabama, including the line of railway extending from the town Of AIeldrin, near Eden. to the town of Lyons. both in thes State of Georgia, the line of railway eX- tending from Americus, Ga. by the way of Columbus Ga to Birmingham, Ala. and the line of railway from Columbus Ga, to Greenvflle, Ga, and the line of railway from Opelika, Ala. to Roanoke. Ala. and from Eutaula, Ala, to Ozark. Ala., together with appurtenances. the line ot railway extend- ing from Griffin, Ga, to Carrollton, Ga; the line of railway extending from Carroll ton, Ga, to the city of Chattanooga, in tho State of Tennessee. which is sold subject
 to a mortgage executed by the ChaItu-
 
 pany to the Central Trust Company of New
 York. Also the capital stock of the SaVanI, nah and Ogechee Canal @ompany the canal
 of which runs rom savannah III
 a westerly direction to the Ogechee
 river also what is saednth ssailed the River S1g
 the graded line of road running from the
 neghborhood of the city of Savannah in
 the direction of Dublin in the State of Georgia, and being fromerly known as the Savannah. Dublin and Western Short Line Railway, together with all and singular the property and assets of said Savannah and Western Railroad Company of every kind. real, personal or mixed, whether within or outside of the location of any of the lines Of said railway and however acquired ana all other lands station houses buildings. fix lures, and the equipment, rolling stock, machinery tools, implements and furniture thereof connected with or belonging to the said lines of railway; and also all rights privileges, franchises, leases, contracts choses in action and similar property be- longing to the said Savannah and Western Railroad Company, or to which 1t is in any
  terial purchased or built by the receivers for use on such railroads
 Said property will be offered as an en-
 tirety and in one parcel and struck off to the highest and best bidder The Special Mas ter will accept no bid for the property from any bidder who shall not place Tn his hands or deposit with him at the time Of
 making the bid, as pledge that such bid der will make good his bid if accepted by the Court, the sum of S25 900 in money or certified check, or In bonds secured by the consolidated mortgage ot the savannah ana Western Railroad Company foreclosed in said suits, taking the same at par Of thelr
 principal. be sold. there shall be paid in cash at the time of the sale the sum of s25O0O, which will be received as part of the purchase l price. From time to time thereafter, after confirmation, such other portions or the puf- | chase price shall be paid in cash as the l Court may direct, in order to meet the ex- | penses of the suits and the payment of any preferential claims or receivers debts. The | Court reserves the right to reject any bid; l 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 re-.
 mainder of the bid or any part thereof or
 any allowed receivers debt or preferential
 claim. The balance of the purchase price not required to be paid in cash may either be paid in cash or the purchaser may satis- fy and make good the said balance of his bid in whole or in part by paying over and surrenderng outstanding bonds and over due coupons appertaining thereto, or either, said bonds and coupons being received at
 
 | the amount which the holders thereof would | be entitled to receive thereon in case the en- tire purchase price was rad in cash. II any bid shall be accepted by the Court and the person making the same shall Tall to com
 ply with all the conditions of sale and all
 forfeited and shall be applied as the Court TRe purchaser or purchasers at such sale shall as part of the consideration for such sale take the property purchased upon the express condition that he or they. or his or their assigns, approved by the Court, VIII pay off and satisfy any and all claims filed in this cause, but only when the Court shall allow such claims and ad1udge the same to be prior in lien to the mortgage foreclosed in said suits and in accordance with the or der or orders of the Court allowing such claims and adjudging with respect thereto and the purchaser purchasers or their approved assigns will be entitled to appear, resist and appeal from any and all orders or decrees of the Court in respect to such claims or any of them. and shall have all the rights in respect to such appearance resist ance and appeals which the complainant Central Trust Company of New York would have in case such appeals had been taken by it. .,,o.. so,a so,o
 shall also. as part of the consideration, in addition to the payment of the sum or sums bid take the property purchased upon the express condition that he or they, or his
 or their assigns approved by the Court,
 win pay off and satisfy all debts or obliga-
 tions incurred or to be incurred by the re-
 ceiVers having possession ot sucn property
 which have not been or shall not De pald py
 
 be adiudged by the Court to be debts or ob-
 igations properly chargeable against the
 proDerty purchased, and to be prior or Su-
 perior 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
 neglect of the purchaser or purchasers, or
 his or their assigns approved by the Court
 as aforesaid. to comply with any order of
 inc Court in respect to payment of prior
 lien claims above mentioned within twenty
 dave after service of a copy of such order
 upon said purchaser or purchasers, or his
 or their assigns.
 The purhaser 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 as
 lessee. but shall have the right to elect
 whether CT not to assume or adopt the same
 or any of them.
 plefion of the purchase by the purchaser
 or purchasers said purchaser or purchasers
 will be entitled to receive from the Special
 Master a deed or deeds of the property
 sold. and also good and sufficient deeds of
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