The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-09-03

Solicitors for Complainant Tho Mercantile
H Has y oStmpNSny; No l2o broadway
NOTICE OF FORECLOSURE sALE.-NoRFoLK
anu western Railroad, Maryland aud Wash
Notice is hereby given that, pursuant to tho do
the Circuit Court Of the United States for the
western District Of Virginia on Juno 10Th. 1890,
in in said Court, entitled The Fidelity Insurance,
Trust and Safe Deposit Company aud The Mer-
Norfolk and Western Railroad Company de-
;ienuant, and certain DEGREES ancilary thereto,
Circuit Courts Of the United States for the fol-
low dlsriets entered on June nth lso6 In
ls2e. in the District Of Maryland.
We: G.. +. BOwden and Charles Sharp as Spe>
highest bidder or bidders at the passsnrer 70 s an
ton upon the railroad Of the Norfolk and Western
wednesday,, tho 10Th day Of September,
1896 ut ten o'clock in the forenoon, tho rail-
ehises mentioned in the said decree and described
and Western Railroad Company formerly of the
Shenandoah Valley Railway. Company, aud previ-
pany), beginning Mt a point al or near Hacers-
town, In Washinston County. in tho State OF Ma
ton County in the State of Maryland. to a poInt
on the rotomac River, ct or near shepherdstown.
Jefferson County In tho State OF West virginia,
and through the Counties OF Clarke, Warren,
Virginia. to a point of intersection with the
Chesapeake and Ohio Railroad al Basic. at or
extending through the Counties OF Augusta. Rock
bridge. Botetourt and Roanoke. In said State 60
point OF iIerssetiIn With the line of the Nor
ming from Norfolk westerly, together with
se er,ha BRANCHES from the nlilr9ad above de-
Iranch. the Roanoke Stockyaris Brunch the
C Trozsf Iron Iron COMPANY Branch, the Mace orc
Loeb Laird. the Peler Mino Branch the Mine
Rank Branch, the stuart's Draft Branch. the
nection at Basic, The Crpiora Branch. the She
nandoah Ore Branch, the Virginia Midland Con-
Galtimore and Ohio Correction, making together
nbont 70! 20 miles Of single track railroad. to-
purtenances of the said limo OF rlllrond with the
tolls inc,omes rents issues and profits thereof.
fixtures. rolling stock, machinery. tools and
e,GGnipmepmts; and all other personal property
railroad; and also the rcverslon and reversions,
f rgS and s%9aers and all the sssGse
claim anc demand whatsoever, rs well at law as
q a1y of the SG IT., o and Wsssrn Railroad
franchises: rights, powers and privileges, and TO
singular the Od nG other @n1 Ssg all aId
personal and mixed. md all chartered rights.
longing to the Wns6nc,on ans wsstnsp ne
road Company; and also all and singular all
ton with the line OF railroads OF neSr s Sg the
said Norfolk and Western Railroad Company
CDmDanys
and all extensiors % the said line Of railroads,
md all short branches thereof and improvements
Railroad Company after December is. 1890 bY
construction purchase or otherwise, with the
OF or any DECD Or of Af sG sSS 9Sr the
Western Railroad Company. known rs its Mary
land and Washington Division Mortgage dated
Also. all railroads, railways. ways, rights OF
and shop grounds yards and Other rronis used
nsn 70 lie used III the operation of the said lines
rails tracks. sidlngs, switches, bridges, fences.
turntables water tanks, viaduets. culverts, main
fsisht hosss a nsT e sbnn ff%t ts IL
other strnctnres, buildings and fixtures whatso-
and together with nil tho rolling stock. machine.
ry; Tools. implements: fuel and materials OF tho
owned acquired for constrnStiag, maintaininS..
opeTa1,i Ing rspiaelng mprTving or repairing tho
or any part thereof; and all The real and per-
sonnl estate owned Mt said last mentioned date
thereof.
TO. Tosethsr with all the corporate rights priv.
Western Railroad Company possessed on Deem
be! her 10 1870 or thereafter acquired. relating TO
WASHINGTON and Western Railroad AMI the CON
struction. maintenance. use and enjoyment of the
said lines OF railroad and property.
ANA all tho streets. ways, passages wntera.
water courses. easements rights. liberties priv
iieges hereditaments and appurtenances whitso-
premises and estates belonging or appertalninr.
and tho reversions and romainlers rents issues
ana ana profits thereof. and all tho estate. right
every nature and kind whatsoever OF ihe said
Norfolk and Western Railroad COMPANY owneS
and possessed on said aforementioned date. OF
thereafter acquired 10y It In or to tho same and
every part aud parcel thereof.
Subject 70 the performance Ivy the purchases
or his successors or assigns OF all pending con
tracts In respect OF said railroads. properties and
the Norfolk and western nV Railroad Compspy bo,
fore such sale thereof
AS provided by said DEGREES, said railroads
proporties ana franchises Will be offered fvT safo
as an entirety.
The purchaser Of said railroads, properties ans
franchises. his successors or assigns upon pay
ment OF ths purchase price bid therefor. or
upon making such provision as tho Court shall
approve for the payment thereof. shall receive
conveyance OF and bs lot into possession OF
the promises conveyed, including all net Income
and other property received by tho Receiyers
Of said Railroad Company in the manasemens
or operation OF the mortgaged premises EN-
braced In the conveyance to such purchaser,
or pertaining thereto; and the purchaser OF said
railroads. properties and franchises his saicees-
sors or assigns. shall also receive conveyance Of
Plny appurtenant 10 said premises OF acquired
for use In connection with or for the purposes OF
stock acquired with tho proceeds OF Recelycrs'
certificates or notes
The said sale will be made subject and refer
eu'cc Ia hereby made. TO the terms conditions.
reservations and obligations in said several de
crces respectively contained, including those in
respect or ta) the said Receivers do claims
against the said Receivers. (c) claims against
the said railroad Company for unpaid Indebted
ness or liability contracted incurred by said
Railroad Company in the operation of the aiI.
roads and properties sold which may be al.
Judged prior In Hen or superior in equity to said
The Sueciai Mastnrs 10 D d,sns MHr'snse'
crees, Will receive no bid from any one Offering
To bid for the railroads, propertles and fran
chiscs above described WHO shall NOT. as
pledge that he will make good his bid in case
or Its acceptance, first haze deposited with the
Special Masters the sum of 800 600 In money!
or by certified check upon any National Bank or
trust Company In the City OF New York, or
$1,000 par valnc OF the bonds secured by said