The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-10-31
COMMISSIONERS SALE OF THE MA
RIETTA q NORTH GEORGIA
RAILWAY.


United States for the Northern District OF Georgia
on the 18th day OF May, 1898, and thereafter
by the Circuit Court of the United States for the
Eastern District OF Tennessee, Nol them 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 compliments,
and Marietta & North Georgia Railway Com
panSy and Others are @ being th con-
Court of the United States for the Northern
District OF Georgia; and by virtue OF an order
decree passed by the Circuit Court of the United
States for the Northern District of Georgia the
| goth day of June, 1898, 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, 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 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
| ga, 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. Ii, Taylor,
the undersigned special commissioners, shall pro-
|
| 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-
ty, Georgia through the counties of Cobb Cherokee,
| Pickens, Gilmer and Fannin to the town OF Blue
/ Ridge, in Fannin county, Georgia, and thence on
| 10 the city OF Knoxville, in Knox county, Tennes-
| see, through the counties of Polk, McMinn, Mon
| roe, Loudon, BlOunt and Knox, being total dis
i 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 81 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, distance of
about 25 miles, there being about 1251 miles in
the State OF Georgia OF this narrow guage road,
and about 12.49 miles in the State of North Caro-
lina 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,
leases, contracts, chooses in action and similar
property, whether legal or equitable, belonging
to said Marietta & North Georgia Railway Com
pany or 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. u
| Said property to be onered Ior SAFE as lolloWs,
| towit:
/. Said H. Fl. Taylor, special commissioner,
shall at IL o'clock noon on Saturday, the 25rd
| of November, 1885, at the southern end of the
I approaches OF the bridge over the Tennessee
| river at Knoxville, in Knox county, Tennessee
proceed to sell the following described portion
| of said Marietta & North Georgia Railway:
| (a) That portion OF said standard gauge road
living in the State of Tennessee and extending
from the State line between Georgia ana fenne mes
1O9 81 miles, exclusive of the bridge and its ap
! proaches and the track laid upon right of way
| acquired by said Receiver, over the Tennessee
river. and exclusive of all rolling stock apd
eouipment shall be sold as one parcel at 9
minimum or upset price Of S245,O 600, and no bid
for a less sum shall be received; and that de-
post in cash or certified check shall be made with
the Special Commissioner at the time OF gale II
the sum OF $4,000.
(b1 The said bridgeloyer the Tennessee river al
Knoxville, its approaches and tracks laid in con-
nection Herewith, shall be by said H. II. Taylor
special commissioner, offered for sale in one
parcel at 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
the sum OF S., 900.
After offering the broad guage road in Tennessee
, and the bridge and its approaches, separately
said Ii. II. 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 FOL
the two when offered separately;
2. After making the sale OF the said above sci
forth portions of said Marietta North Georgia
Railway lying in the state of Tennessee, as afore
said, said ii. H. Taylor shall then proceed and be
at Marietta, in the county OF Cobb in the state o.
Geors ia lat twelve o'clock noon on Monday the 25tt
day OF November, 1895, 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 or
Monday, the 25th day of November, 1896 at l;
O'Clock, noon proceed to offer at public sale tt
the highest bidder or bidders, on the premises a
the pasSengdr depot or station OF said Marietta
North Georgia Railway, in the town of Marietta
in Cobb county, Georgia, the following described
(a) Said Robert J, Lowry, special commits
sioner, shall offer for sale as a separate par
eel the broad gauge road lying in the state
| Georgia and extending from Marietta via Blue
Ridge to the Tennessee State line, a distance o.
about 1851 miles, together with all the broaC
gauge rolling stock and equipment OF every kline
and character belonging to said Marietta NORTH
Georgia Railway, at mlplmum or upset price O
$500 600, of which sum tere shall be paid in casl
or certified check at the time Of sale to said Spe
| cial Commissioner the sum OF $4,000.
! (b) There shall then be offered by Robert }
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 abou
1851 miles, together with all narrow gauge rolling
| stock and equipment belonging to said MARKETS.
North Georgia Railway Company, at mini
mum or upset price of $4,000, of which sum there
shall be paid in cash certified check at the time
| of sale to said Special Commissioner ST 500.
(c) There shall then be offered by Robert J
| Lowry, special commissioner, one parcel the
narrow gauge road lying in the State OF North
| Carolina extending from me CIdIe lne DcIWeeL
Georgia and North Carolina distance OF about
12.4 miles, at minimum up set price o.
$4,000, and there shall be paid in cash or certi
fed check at the time of sale to said Special Com
missioner the sum OF 81 200.
| There shall then be offered by said Robert J
Lowry, special commissioner, as an entirety the
| three said parcels of property, towit: The broad
| gnage road with its equipment lying in the state
| of Georgia.; the narrow guage road with its equip
ment lying in the state of Georgia; and the mar
row guage road lying in the state OF North Caro-
| lima, at the minimum or upset price OF $zl5'
OOO and no bid shall be received for SAID
three parcels of property offered together for les
sum than $4l5000.
g. Then the whole of said standard guage anG
narrow guage road and appurtanent property
lying in the states of Georgia, Tennessee anC
North Carolina, together with the rolling stocl
and equipment, will be offered for sale as an EN-
tirety by Robert J. Lowry and II. III. Taylor
special commissioners, and no bid will be receiv
ed,except for greater than the aggregate
amour. of the separate bids that may have beer
made for the FIVE separate parcels of property
aforesaid, and deposit of S92 500 in cash or GER
titled checks at the time of making the bid will bt
required from any bidder for the whole system
| of railway and equipment. If bid greater thar
the aggregate of the bids for the five separate
pieces of property in Georgia, Tennessee anC
North Carolina, be made for the whole property
sold as entirety, the same shall be struck of