Birmingham age-herald., 1895-10-03
Special Masters Sale of the Savannah 6 Western
 Railroad.

Notice is hereby given that in pursuance of decree of the Circuit Court of the United States for the middle district of Ala bama entered on August g, 1895, in the suie Of the Central Trust Company of New York against the Savannah and Western Rail- road Company, and the decrees Of the Cir cult Courts of the United States for the sey- eral districts hereinafter mentioned in suits of the Central Trust ComPany of New York against the Savannah and Western Rail- road Company, to-wit The Southern diyi- 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 OCTOs
 BER, 1895, 'e =
 or the day to which I may adjourn such sale. at F o'clock noon. on the mortgaged premises, at the main freight station at Birmingham, in the State of Alabama, pro ceed to offer at public sale, to the highest bidder or bidders all the railroads, premises and property, rights, privileges and fran chises by said decrees directed to be sold, a 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 its certain railroads lying and being in the States of Georgia and Alabama, including the line of railway extending. from the town of Meldrin, near Eden, to the town of Lyons. both in the 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., 10 Greenvllle, Ga, and the line of railway from 0pellka, Ala, to Roanoke, Ala, and from appurtenances; the line of railway extend- ing from Griffin, Ga, to Carrollton. Ga; the line of railway extending from Carroll ton Ga., to the city of Chattanooga, in the State of Tennessee which is sold subject to mortgage executed by the Chatta- pany to the Central Trust Company of New York. Also the capital stock of the Savan- nah and Ogechee Canal Company the canal of which runs from Savannah in westerly direction to the O8echee river; also what is called the River the % graded aToao ne of road running from e the neighborhood of the city of Savannah in the direction of Dublin, in the State of 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, and all other lands, station houses, buildings, fix lures, and the equipment, rolling stock, machinery, tools, implements and furniture
 
 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, to which it is in any way entitled, and also all property and ma terial purchased or built by the receivers for such railroads
 Said property will be offered as an en- tirety and in one parcel and struck off to the ter will accept no bid for the property from any bidder who shall not place in his hands or deposit with him at the time of der will make good his bid if accepted by the Court, the sum of s25,00O in money or certified check, or in bonds secured by the Western Railroad Company foreclosed in said suits, taking the same at par of their principal.
 Of the price at which said property shall be sold, there shall be paid in cash at the time of the sale the sum of $25,000, which Will be & received t as "a part 9d the purchase confirma tion, such other portions of the pur- chase price shall be paid in cash as the 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, 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
 
 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 surrendering outstanding bonds and over due coupons appertaining thereto, or either, said bonds and coupons being received at such price or value as shall be equivalent to the amount which the holders thereof would be entitled to receive thereon in case the en- tire purchase price was paid in cash. If any person u sa making the same shall fail do com rnle ply with all the conditions of sale and all sum deposited by the bidder shall be forfeited and shall be applied as the Court may direct.
 The purchaser or purchasers at such sale shall. 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, will pay o ana sassfg nus a any an th a cams rt ha ien allow such claims and adjudge the same to be prior in lien to the mortgage foreclosed in said suits and in accordance with the der or orders of the Court allowing such claims and adjudging with respect thereto, and the purchaser or purehasers or their approved assigns will be entitled to appear, resist and appeal from aily 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.
 The purchaser or purchasers at said sale shall also, as part of the consideration, in 
 bid, take the property purchased upon the express condition that he or they, or his or, their assigns approved by the Court, will pay off and satisfy all debts or obliga- tions incurred or to be incurred by the re- ceivers having possession of such property which have not been or shall not be paid by said receivers or otherwise, and which shall be adjudged by the Court to be debts or ob- legations properly chargeabe against the property 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 or neglect of the purchaser or purchasers, or his or their assigns approved by the Court as aforesaid, to comply with any order of the Court in respect to payment of prior lien claims above mentioned within twenty days after service of copy of such order upon said purchaser or purchasers, or his or their assigns. -r.
 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 or not to assume or adopt the same aft han