The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-09-26
LEGAL SALES.
Special Masters Sale
Savannah and Western Railroad.


Notice Is hereby given that in pursuance
or decree OF the circuit court OF the
United States for the Middle district OF
Alabama entered on Aug. 70, 1870, IN the
SUIT OF the Central Trust Company os
NeW YORK against the Savannah ana
western Railroad Company, and the de-
crees OF the circuit courts OF the Jhlted
states for the several districts herelnaI-
Trust Company OF New York against the
savannah and Western Railroad tomih-
ny to-wit, the southern division OF the
Northern district Of Alabama; the North-
ern district OF Georgia, and the eastern
division OF the Southern district or beor-
ga 1, the subscriber, SPECIAL master
1hereby designated. will on saturday, the
5tn day OF October, 1895, or the Gay 70
which 1 may adjourn such sale, az ~
o clock noon, on the mortsaged prem
lses, az the main freight station at Blrm-
ingham, in the state of Alabama, proceed
10 offer at public sale TO the highest pld-
der or bidders, all the railroads pfem-
franchises by said dee ses dlrectea 20
be sold, a brief general description where
OF Is as follows, viz. All the rignti utF
and interest OF the Savannah and west
certain railroads lying and being in the
states OF Georgia and Alabamu, ihclGu-
ing the line OF railway extending trofo
the town of Meldrim, near Eden, 70 the
town OF Lyons, both in the state OF Geor-
gia; the line of railway extending from
Americas Georgia. by the way OK Column
line of railway from Columbus, Ca, 10
Greenville, Ca, and the line OF railway
from Opelika, Ala, to Roanoke, Ala
and from Eutauia, Ala, TO ozark, Ala,
together with appurtenanccs; the line OF
railway extending from Griffin, ga, 10
Carrollton, Ca. the line of railway eN-
tending from Carrollton, Ga, to the city
of Chattanooga, in the state OF Iennes-
see, which is sold subject TO mortgage
executed by the Chattanooga. Rome ana
Columbus Railway Company 10 the Gem
trail Trust Company OF New York. Also
the capital stock Of the Savannah and
Ogeechee Canal Company, the canal OF
which runs from Savannah m a west
erly direction to the Ogeechee river also
what Is called the River Front railroad
in Savannah, and the graded line or ROAD
running from the neighbOrhoOd OF the
city of Savannah in the direction OF DUO
lin, in the state of Georgia, and being Tor
merly known as the savannah, Dubnh
and Western Short Line Railway to-
gether with all and singular the property
and assets OF said Savannah and VEST
ern Railroad Company OF every KING,
real, personal or mixed, whether within
or outside Of the location Of any OF the
lines OF said railway, and however ae-
quired. and all other lands station
houses, buildings, fixtures, and she
equipment. rolling-stock, machinery.
tools, Implements and furniture thereof
connected with or belonging to the said
lines Of railway; and also all rights, priv
chooses I'm action and similar properly be-
longing TO the said Savannah and Vest
tIn halifOaQ company OF 10 WHitH ~ ~
IN any way entitled; and also an prop
erty and material purchased or built by
the receivers for use on such railroads.
said property viii be offered as an en-
tlrety and In one parcel, and struck OF
to the highest and best bidder The spec
ial master will accept no bid for the
property from any bidder who shan not
place i'm his hands or deposit with him at
the time Of making the bid, as pledge
that such bidder viii make good his pa
II accepted by the court, the sum OF $2o,-
40 Leo.
bonds secured by the Consolidated mort
gage OF the savannah and Western Rail-
road Company fofeclosed in said suits
taking the same AT par OF their prlhclpal.
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 Sz5 OVOe
purchase price. From time TO time there
after, after confirmation, such other por-
tons OF the purchase price shall De paid
in cash as the court may direct, IN order
To meet the expenses 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 Tor
twenty days to comply with any order
of the court requiring payment or the
remainder of the bid or any part thereof.
or any allowed receivers debt or pref
erential claim. The balance Of the pur-
chase price not required to be paid IN
cash may either be paid In cash or the
purchaser may satisfy and make good
tho said balance Of his bid In whole or IN
part by paying over and surrendertng
Outstanding bonds and overdue 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 ~
case the entire purchase price was pald
IN cash. II any bld shall De ae9ieptep ~
same shall fail to comply with all the
conditions OF sale and all orders Of the
court with respect thereto me sum , aeI
ana shall be applied asJthe court may d.
rect.
The purchaser or purchasers at such
sale shall, as part or the consideration
for such sale, take the property purchas-
ed upon the express condition that he or
they or his or their assigns approved by
the court, will pay of and satisfy any ana
an claims filed in this cause, but only
when the court shall allow such claims
and adjudge the same TO be prior in lien
20 the mortgage foreclosed In said suits
and IN accordance with the order or or
ders OF the court allowing such claims
and adjudging with respect thereto, ana
the purchaser or purchasers or thcir
approved assigns VIII be entitled to APP
pears resist and appeal from any and all
orders or DEGREES Of the court In respect
to such claims or any OF them, ana shall
have all the rights in respect 70 such ap-
pearance, resistance and appeals which
the complainant Central Trust Company
of New York would have in case such APP
peals had been taken by II.
The purchaser or purchasers at said
sale shall also, as part Of the considefa-
ton ia addition to the payment OF the
sum or sums bid take the property Ietlr-
chased upon the express condition that
he or they or his or their assigns sap-
proved by the court, will pay Off and sat
isfy all debts or obligations incurred or
to be Incurred by the receivers having
possession Of such property which have
not been or shall not be paid by said re-
ceivers or otherwise, and which shall be
adfudged by the court 10 be debts or OBJ
liza lions properly chargeable against the
property. purchased and to be prior or
superiorfto the lien of the mortgage fore
closed I'm said suits
The court reserves the right to retaSe
and resell said property In case of the
failure or neglect of the purchaser or pur-
chasers or his or their assigns approved
blythe court as aforesaid, to comply with
any order Of the court in respect TO pay
ment Of prior lien claims above mention
ed within twenty days after service of
a copy Of such order upon said purchas-
er or purchasers, or his or their assigns
The purchaser 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 or any OF them
IJpon confirmation of said sale and COM
pletion of the purchase by the purchaser
or purchasers. said purchaser or purchas-