The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1895-11-14
COMMISSIONERS SALE OF THE MA
RIETTA q NORTH GEORGIA
RAILWAY.

and sale rendered by the Circuit Court OF the
United States for the Northern District of Georgia
on the 18th day OF May. lS93 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,
and Marietta x North Georgia Railway Com
pany and others defendants being con-
solidated causes Nos. 359 and All in the Circuit
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 the
goth day of June, 1898, and ratified and adopted
by the aforesaid Circuit Courts of the United
States or.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, 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 1895,
and which said last referred to decree 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-
gia, 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 H. II, Taylor,
the undersigned special commissioners, shall pro-
coed to offer at public sale to the highest bidder
OF bidders, ali and singular the corporate prop
erty ands franchises OF said Marietta & North
Georgia Railway Company the line of railway
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
20 the city of Knoxville, in Knox county, Tennes.
see through the counties of Polk, McMinn, Mon
roe, Loudon, Bount and Knox, being total dis
lance OF about POS miles from Marietta to Knox
Vile, being a standard guage road, and about
90 81 miles lying in the State OF Georgia and about
10931 miles lying in the State OF Tennessee; and
also the further line of said railroad, being
row guage road, extending from the town OF Blue
Ridge, in Fannin county, Georgia, to Murphy, in
Cherokee county, North Carolina, distance of
about % miles, there being about 1851 miles in
the State of Georgia OF this narrow guage road,
and about 12.49 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
ings, fixtures and the equipment, rolling stock,
machinery, tools, implements and furniture what
ever connected with or belonging to the said line
of railwayand also all rights, privileges
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
Said property to be offered for sale as follows,
towt
l. Said H. n. Taylor, special commissioner,
shall at II O'Clock noon on Saturday, the 23rd
of November. 1895, at the southern end Of the
approaches of the bridge the Tennessee
river at Knoxville, in Knox county, Tennessee,
proceed to sell the following described portion
OF said Marietta e North Georgia Railway:
(a) That portion OF said standard gauge road
| lying in the State of Tennessee and extending
| from the State line between Georgia and Tennes-
- lln 1iSfon Of nhnItf
109 81 miles exclusive of the bridge and its APP
| proaches and the track laid upon right of way
acquired by said Receiver, over the Tennessee
| river, and exclusive OF all rolling stock and
| Equipment shall be sold parcel at a
| minimum or upset price of S245, 900, and no bid
| for a less sum shall! be received; and that de-
post in cash certified check shall be made with
the Special Commissioner at the time OF sale in
| the sum OF $4,000.
| Oh The said bridgeIover the Tennessee river at
Knoxville, its approaches and tracks lad IN con
special commissioner, offered for sale in one
parcel at a minimum or upset price of $40, 900;
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 tsapproaches,
After Offering the6road guage road ID Tennessee.
and the bridge and its approaches, separately,
SAID IT, 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 for
the two when offered separately.
z. After making the sale of the said above set
forth portions of said Marietta K North Georgia
Railway lying in the state of Tennessee, as afore-
said, said III. III. Taylor shall then proceed and be
at Marietta, in the county of Cobb in the state of
Geors rat twelve O'Clock noon on Monday the 18th
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 on
Monday, the 25th day of November, 1895. at ~
O'Clock. noon, proceed to offer at public sale to
the highest bidder or bidders, on the premises at
NJ stat of Mar q
North Georgia Railway, in the town of Marietta
in Cobb county, Georgia, the following described
property:
(a) Said Robert J, Lowry, special commits
Sloner, shall offer Tor sale as separate par
Gel the broad gauge road lying in the State of
Georgia and extending from Marietta via Blue
about 1851 miles,. together with all the broad
gauge rolling stock and equipment OF every kind
aud character belonging to said Marietta & North
Georgia Railway, at minimum or upset price of
S390.OOO, of which there shall be paid in cash
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 J.
Lowry, special commissioner, 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 about
1851 miles, together with all narrow gauge rolling
stock and equipment belonging to said Marietta
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 81 500.
(c) There shall then be offered by Robert J,
Lowry, special commissioner, as one parcel the
narrow gauge road lying in the State of North
Carolina extending from the State line between
Georgia and North Carolina a distance of about
~ ~ miles, at minimum or up set price of
$4,000, and there shall be paid in cash certi-
fed check at the time of sale to said Special Com
the sum OF $1,000.
There shall then be offered by said Robert J
Lowry, special missioner, as an entirety the
three said parcels OF property, towit: The broad
gnage road with its equi pment lying in the state
OF Georgia; the narrow guage road with its equip
ment lying in the state ofGeorga; and the mar
row guage road lying in the state OF North Caro-
lima, at the minimum upset price OF $t15,>
000 and bid shall be received for said
three parcels OF property offered together for less
sum than $4l5,000.
3. Then the whole of said standard guage and
narrow guage road and appurtanent property,
lying in the states of Georgia, Tennessee and
North Carolina, together with the rolling stock
and equipment, will be offered for sale as an en-
tirety by Robert J. Lowry and H. II. Taylor,
special commissioners and no bid will be receivs
edtexcept for sum greater than the aggregate
amour. of the separate bids that may have been
made for the five separate parcels of property
and deposit of $92 500 in cash or Ger,
titled checks at the time of making the bid will be
required from any bidder for the whole system
OF railway and equipment. Ii bid greater than
the aggregate of the bids for the five separate
pieces of property in Georgia, Tennessee and
North Carolina be made for the whole property
sold as an entirety, the same shall be struck off