Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1896-09-02

A'"st ani sale deposit company and The Mer.
camille Trust Company ecmplalnants against ~
Norfolk and Western Railroad Company Ia.
fcndant. and certain DEGREES ancllary thereto
IN cllses pending between the said parties In Al,
circuit Courts OF the United States Tor the fol.
lowing districts entered: on June 9th, is96. IN
the District Of West Virginia, and on June 18th
1876. in the District OF Maryland.
We. q. J.. Bowden and Charles Sharp, as Spo.
cial Masters. will sell at public auction 10 Ia
highest bidder or bidders, at the passenger sta.
iion upon the railroad OF the Norfolk and weste.n
Wednesday. the 10th day Of September,
1896, at ten O'Clock In the forenoon. the rail.
roads, properties, rights. privileges and fran
rs follows:
All and singular the railroad OF the Norfolk
aud Western Railroad Company formerly OF The
Shenandoah Valley Railway Company. and preyl.
ously OF the Shenandoah Valley Rallroad CON-
ponyl. beginning az 4 point at OF near Ha.ers-
town In Washington County. in the state OF Ma.
ryland. and extending thence through Washing.
ton County. In the State OF Maryland. to point
ON the Potomac River. OF ~ near Shephenlstowu
In the STATE Of West Virginia; thence through
jefferson County. in the State Of West Virginia
and through the Counties OF Clarke. Warrs
Page. Rockingham and Augusta In the State OF
Virginia. 10 point OF intersection with u,
Chesapeake and Ohio Railroad at Basic. at or
near MaynesbOro and crossing said railroad ami
extending through the Counties OF Augusta. Roc.-
bridge Botetourt and Roanoke, In said State. 70
n point Of Intersection with the line OF the Nor
folk and Western Railroad az Roanoke run
ming from Norfolk westerly. together with
certain branches from the railroad above de-
scribed, Including the llorer Iron Comganv
Branch the Roanoke Stockyarls Branch ths
Grocer Iron Company Branch. the Mace OF.
Branch the Chesapeake and Ohio Connection al
Loeb Laird. the Pelter Mine Branch. the Mine
Bank Branch. the Stnart's Draft Branch. the
Iipscomb Branch the Chesapeake and Ohio Con,
nection al Basic, the Crimora Branch, the Sia.
nandoah Ore Branch. the Virginia Midland Con.
necilon. the Carson Lime Kiln Branch and the
Baltimore and Ohio Correction, making together
about 25I.2o miles ~ single.track railrnad 10
scther with all branches. sidings and other ap-
Purtenances Of the said line ~ railroad. with TO-
tolls. incomes, rents. issues and profits thereof.
and all tie real estate rights OF way, easements,
fixtures, rolling stock. machinery. tools AMI
equipments. and all other personal prupert-
thereto belonging or appcrtaining o. he sal
railroad; and also the fe'eFsi"n sod r.'ef-lons
remainder and remainders. and sll the estate.
right title. interest, property. possession.
claim and demand Whatsoever, as well AZ Law
In equity, Of the Norfolk and Western Railnoad
Company In or 70 the said railroad. property,
franchises. rights. powers and privileges, AMI 20
every part and parcel thereof; and alSo all and
singular all the railroad and other property, real
personal and mixed. and all chartered rights.
powers privileges and franchises formerly hr.
longing 10 the Washington AMI Wrstcsa iAih
rod c9Epaly and also AZ rna ..S s'3,sa3r az
lion with the line 81 railroads acquired by o.
said Norfolk and Western Railroad ComluW
from tho Shenandoah Valley Railway Cnmpair
nnd ali estenslors OF The said line on rarosd.
and all short branches thereof and impfoyenent4
thereon acquired by Tho Nprfok nri Wesefu
construction. purchase or otherwise, with ne
proceeds OF any of the bonds issued unlcr no
mortgage or deed Of trust % the Norfolk and
Western Railroad Company, known - a. Mary
land AMI Washington Division Mortgage, dated
December II, 1890
Also all railroads railways ways. rights u
way. roadhed and grade. and an station depo,,
and shop grounds, yards and other grounds used
and 20 he used I'm the operation OF the said lines
II railroad above mentioned or described, aifl III
rails. tracks. sidings. switches. bridges. fen0as
fur ~ l. III
passenger and other dcIots. station lenss
lfpgbI houses. machine shops. docks ami ~
ever acquired for the hss and operation Thereof.
and together with all the rolling stock machine.
~. tools. implements, fuel oni materials ~ the
said Norfolk and Western Railroad Company,
owned or acquired for constui,illg, maintaining.
operating. replacing. improving or repairing ',n
said lines Of railroad md ihe;F atrsHegances.
or any part thereof. aud an he real aul per.
.onal estate owned at said last mentioned date
or thereafter acquired and used for the operation
thereof.
Together with I'll the corporate rights. prl,,,
icgcs and franchises of fhf s1l SfThlk ami
Western Railroad Company Possessed on Dseetn-
her -. 1890 or thereafter acquired, relating 70
the said railroads and branches iucludln- "m
Washington and Western Railroad, anil ne con-
structlon maintenance. use and enjoyment OF the
said lines Of railroad and property
And oil tho siFoeis, ways, passages, waters.
water-coCIses, easements, Tighis, lihoFlieS, priv
ilegos. heredliaments and appurtenancel whaiso,
ever unto any 81 the herrinhef0re mentioned
premises and estates belonging ar anneria.ni1f,
and the reveTSions and rcmainders, rents. issrls
and profits thereof and al the estate. rirhi,
title. Interest. property. claim and demand N
every nature and Kind whatsoever or the ssh
Norfolk and Western Railroad Company owned
and possessed on said aforementioned date. o.
thereafter acquired by II IN or 20 the sane. al
every part and parcel thereof.
Subject 10 the performance by the purchaser,
or his successors or assigns, ~ all pending eon'
tracts In respect % aald railroads. progcriel an1
franchises lawfully made ID lhr krcclfcn =
the Norfolk and Western Railroad Company De-
fore such sale thereof
properties and franchises viii be offered for sale
M entirety.
The purchaser or said railroads. properties and
franchises his Successors or assigns, ufsln pay
nient OF tie purchase price bid therefor, %
upon making such provision as the Court shall
approve Tor the payment thereof shall rcccifc
conveyance OF and De- lei into possession ~
the promlses conveyed. including all net inronc
and other property received Us The Receivers
OF said Railroad Company IN The management
or Operaiion OF The mortgHgel rrtui'e. ei
braccd In the Conveyance 20 selh paffha.as
or pertaining thereto. and The purchaser 81 ~
railroads. properties and franchises, ~ .n''ts
s0rs or assigns shall also receive cnnfeyah'e 81
any and all property 0f the said H. i1Au ION.
many appurtenaut tn sald premises NJ acquired
for use In connection with or for TIE llfi"r's OF
said railroads end properties except fYhn.
stock acquired With me lfrecnH ~ h'''f''
certificates or nies
The said sale VIII be- made subject. ana ,f,r
cncc Is hereby made, 90 TIE terms. c"niii ".t.
reseTyaf Ions and obligations In slil SEVERN ~
crpee reapcctfrely contained Including nnre IN
respect u G) the said Receivers. OBJ Ga ms
arninst the said Receivers. tci claims .EaN.i
the said Railroad Company Tor unpaid lnlfhri
mess or liability coniuricd or incurred i@ Na
Railroad Company in The operation OF ti' Nu
roads and properties so!d Which h4l .' -f
Judged prior IN lien o. superior IN eipiy 20 t4N
Maryland AMI Washington Division Mergnge'
Tie Special Masters. aH directed h5 tle W
crces. viii receive no hli from any one e1.il.
10 bid Tor the railroads, properties ana i'L
cbfsrs above described who shall nli. or
rie.l,.e that he Will make good NE BID. Do cf"
of DO. lcceutaucn first have deposited WIG i'
Special Masters The sum OF Slypp IN nf.
or by certified check upon any National ii.n-
Trust Company Ia ths fiy ~ NV ~, n
5000 900 par value ~ fhp hiagg 5rulfcl ~ NA
Maryland and Washington Division Morense
rpm acceptance of any bid the purchaser .'.h
forthwith deposit with said snecin Master w
sum ~ $4,000 In cash, Or by certified e...
upon any National Bank 90 Trust tomfany n ~
city ~ Sew YORK. ~ f,oJ.vp par saIT I. ~
honds secured IS sad Maryland and Wa.h'nfoh
Division Mortgage. hui any cash or loms H-l'
may have been previously deposited hy ~ ~
ccssfn bidder as . pledge that be wol1 -
good his bid. viii he received on nrfnuW ~ VI
amount 50 required an tie acccpfancc N l. ~
The Srcrlni Masters VIII receive p effi.na
0f Tho Mercantile Trust Company. IN iir W
New York. that n holds Maryland il1 w.,
incf0n Division Mortgage bonds - ah a
therein specified. subject 10 the order -
party therein named and Transferred ny
party 70 The order of said Special Mffsr
lieu n such bonds With like fore apl rn',i
though ihe bonds therein named bal been ''"
cred 10 such Special Masters.
IN Gaze any bidder shall fan ~ make ~ ",
posi-, BY said decrces reqnlrd nl,'s eegrli,ll
b. BID the Special Masters VIII forthwith
Offer the property for sale without inri"i
or advertisement. ma
IN casc any hiddor ~ pnrchaser shall
make en-i bis bid upon ifs acrcpiamf ~ Va
Special Masters. or after such ncffpfah
faiI a. comply with 1ny order - fbe iHlff p
lating 20 the payment thereof or nc 'p'.l
ton ~ tho ulrehasa. ihaa thf siins ia 49,
bonds Deposited - such purcli1scT VII 49,
feifel a penalty Tor such failure, an1 u" 80
applied toward the exreneer 81 resi-
towards making good any deleieDy ~ ~
case fho property shall be soid NJ a ff'. rf
ti,n fhaf bid M the prior sale. n ile ''lN
shall not confirm the sale the deposit shall y
turned 70 the bidder. The deposit recelIe.. M,
aur unsuccessful bidder shall b. returned ~
when the property shall be ffrifk down
lfTp0n confirmation ~ tho sale by the 'oll
prr.hasrr shall make such further fayn-H -
rnymenfs in cash on account ~ DE bil Pr 80.
Court from time 10 time may direct 1he ~
81 III