The morning news. [volume] (Savannah, Ga.) 1887-1900, 1895-10-03
LEGAL SALES.
Special Masters Sale
Or THE
Savannah and Western Railroad.

SAiutiHuH uhe Uvoteth uuitivNNt
Notice Is hereby given that In pursuance
OF decree OF the circuit court of the
United States for the Middle strict Of
Alabama entered on Aug. p, $3.50. in the
SUIT OF the Central Trust Company OF
New York against the Savannah and
Western Railroad Company ana the de-
crees OF the circuit courts Of the United
states Tor the several districts hereinaf-
ter mentioned in suits Of the central
Trust Company OF New York against the
savannah and Western Railroad Compa-
ny, to-Wit the southern division OF me
Northern district of Alabama; the North
ern district OF Georgia, and the eastern
DIVISION OF the Southern district OF Seor-
gia; 4, the subscriber. special master
thereby designated. viii on Saturday, the
9TH day OF October 1885, or the day TO
which / may adjourn such sale, az "
O'Clock noon, on the mortgaged prem
lses, at the main freight station at bum-
ingham, In the state Of Alabama, proqeed
10 ouer at public sale to the highest bid-
der OF bidders, all the railroads, prem
lses and property, rights, privileges ana
franchises by said DEGREES directed 10
be sold a brief general description where
OF is as follows, viz; All the right, litle
and interest Of the Savannah ana West
ern Railroad Company in and 10 all It's
certain railroads lying and being IN the
states OF Georgia and Alabama, includ-
ing the line Of railway extending from
the town of Meldrim, near Eden, 10 the
town of Lyons, both in the state Of Geor-
gia; the line of railway extending from
Americas Georgia, By the way of Column
bus. Ca. to Birmingham, Ala, and the
line OF railway from Columbus, Ca, 10
Greenville, Ga, and the line of railway
from Opelika, Ala, to Roanoke, Ala,
and from EutaUla, Ala, to OZARK, Ala,
together with appurtenances; the line OF
railway extending from Griffin, "a, 10
CarrOllton, Ca, the line of railway eN-
tending from CarrolltOn Ca, to the city
OF Chattanooga, In the state Of Tonnes
see, which is sold subject TO a mortgage
executed by the Chattanooga, Rome ana
columbus Railway Company TO the Cen
trail Trust Company Of New York. Also
the capital stock Of the Savannah ana
Ogeechee Canal Company, the canal or
which runs from Sayannah in west
erly direction to the Ogeechee river also
what is called the River Front railroad
in savannah, and the graded line Of road
running from the neighborhood OF the
city of Savannah in the direction Of Dub
lin, IN the state OF Georgia, and being ior-
merly known as the Savannah, Dublin
and western Short Line Railway To-
gether with all and singular the properly
and assets of said savannah and Vest
ern 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 ac-
CURED, and all other lands, station
houses. buildings, fixtures, and the
equipment, rolling-stoek, machinery,
tools, implements and furniture thereof
connected with or belonging to the said
lines of railway; and also all rights, priv
ieges, franchises, leases, CONTRACTS,
chooses in action and similar property be-
longing TO the said Savannah and West
ern Railroad Company. or TO which Il Is
In any way entitled; and also all prop
erty and material purchased or built by
the receivers for use on such railroads.
Said property viii be offered as an en-l
tirety and in one parcel, and struck on
to the highest and best bidder. Inc spec
ial master VIII accept no bid for the
property from any bidder who shall not
place in his hands or deposit with him at
the time of making the bid, as pledge
that such bidder VIII make good his BID
n accepted by the court, the sum or 30,
900 in money or certified check, or IN
bonds secured by the Consolidated mort
gage Of the Savannah and Western Rail-
road 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 S2DsgV0
which win be received as a part OF the
purchase price. From time TO time thtre-
after after confirmation. such other por-
tions of the purchase price shall be 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 properly,
upon the failure of any purchaser for
twenty days 20 comply with any order
OF the court requiring payment OF 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
Ind said balance of his bid in whole or I'm
part by paying over and surrendering
outstanding bonds and overdue coupons
appertaining thereto, or either, shld
bonds and coupons being received az such
price or value as shall be equivalent TO
the amount which the holders thereof
would be entitled to receive thereon IN
case the entire purchase price was paid
In cash. If any bid shall be accepted Dy
the court and the person making the
same shall fail to comply with all the
conditions of sale and all orders OF the
court with respect thereto, the sum de-
posted by the bidder shall be forfeited
and shall be applied as the court may d.
rect.
The purchaser or purchasers at such
sale shall, as part Of 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 off and satisfy any and
all claims filed in this cause, but only
when the court shall allow such claims
and adjudRe the same to be prior in lien
| to the mortgage foreclosed in SAID suits
and in accordance with the order or or
and adtudging with respect thereto, and
the purchaser or purchasers or their
approved assigns viii be entitled TO ap-
pear. resist and appeal from any and all
orders or DEGREES OF the court IN respect
to such claims or any OF them, and shall
have all the rights in respect 10 such ap-
nearance. resistance and appeals which
the complainant Central Trust Company
OF New York would have in case such ap-
peals had been taken Dy ~.
The purchaser or purchasers at said
sale shall also, as part OF the considera-
ton, in addition to the payment OF the
sum or sums bid, take the property pur-
chased upon the express condition that
he or they or his or their assigns ap-
proved by the court, will pay off and sat
isfy an 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 to be debts or OBJ
! legations properly ehargeable against the
! property purchased, and to be prior or
| superior 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 pur-
| chasers or his or their assigns approved
| by the 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