Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1896-08-12
NOTICE OF FORECLOSURE sALE.-NoRrorr
and MesIcrn kailrla.- NarxIand al ,c-- ~


Notice Is hereby given that, pursuant 10 IN. H.
cree OF foreclosure and sale made and enterrs, -
the Circuit Court OF the United States for ,s
Western District Of Virginia June 18th. ls:,s
10 said Court, entitled The Fidelity Insurance.
Trust and safe Deposit Company and The M.r
camille trust Company complalnants. against M.
Norfolk and Western Railroad Company DE-
PENDANT, and certain DEGREES anciilary thereto
IN causes pending between the said parties 10 H.
Circuit Courts OF the United States for the foi
lowing districts; entered: on June 9th, 1890 IN
the District OF West Virginia, aud on June e,th
1895. In the District OF Maryland,
We. q. +. Bowden and Charles Sharp, as Sue-
eiai Masters. will sell at public auction TO Is.
tion upon the railroad OF the Norfolk ADD Weston
RAILROAD Company. at Roanoke. Virginia, on
Wednesday, the 10th day Of September,
1870, at ten O'Clock In the forenoon. the rail.
roads. properties. rights. privileges and fran.
chises mentioned in the said decree and described
rs follows:
All and singular the railroad OF the Norfolk
and Western Railroad Company formerly OF The
Shenandoah Valley Railway Company. and preyi.
ously OF the Shenandoah Valley Railroad Com.
pany), beginning at point at or near Hager,-
town. In Washington County. In the State OF Ma.
ryland, and extending thence through Washing.
ton County, In the State OF Maryland. 20 point
on the Potomac River. gt ~ near Shephenlstown,
in the State OF West Virginia: thence through
Jefferson County. in the State OF West virginia,
and through the Counties OF Clarke. Warren.
Page. Rockingham and Augusta, IN the State OF
Virginia. to point OF Intersection With the
Chesapeake and Ohio Railroad at Basic. al OF
near Waynesboro. and crossing said railroad ana
extending through the Counties OF Augusta. Rock.
n point OF Intersection with the line OF the Nor.
folk and Western Railroad at Roanoke run
ming from Norfolk westerly. together with
certain branches from the railroad above de-
scribed. including the Rorer Iron Company
Branch the Roanoke Stockyards Branch, ths
Grocer Iron Company Branch. the Mace Ore
Loeb Laird, the Pclter Mine Branch. the Mine
Bank Branch, the Stuarts Draft Branch, the
Lipscomb Branch, the Chesapeake and Ohio Coo.
necti0n at Basic. the Crimora Branch. the She.
nandoah Ore Branch. the Virginia Midland Con.
necton. the Carson Limo Kiln Branch and the
Baltimore and Ohio Correction. making together
about 25I - miles OF single.track railroad. To-
yether with all branches. sldlngs and other ~.
purtenances OF the said line Of railroad with the
tolls. incomes. rents. issues and profits thereof.
and all the real estate. rights OF way, easements.
fixtures, rolling stock. machinery. tools and
equipments. AMI all other personal propcri,
railroad and also the rcverson and reyerslon..
remainder and remainders, and all the estate.
right. title. interest, property, possessioa.
,n , enuIt t of The Nsrfolk and Western Rallross
Company In or TO the Sid railroad. property
franchises rights. powers and privileges. and 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 h.
longing 20 the Washington and Western Ran.
road Company: aud also all .nl singular an
other property arpurtcnant TO or used in conues.
ton with the line 81 railroads acquired by No
said Norfolk and Western Railroad C0mQcny
from the Shenandoah Valley Railway Company:
and all extensions OF the said line ~ railrcads.
and all short branches thereof and improyemeuis
thereon acquired by the Norfolk and Weston
Railroad Company after December II, lSaQ by
construction purchase or otherwise, with ~
proceeds Of any OF the bonds issued upder ne
mortgage or deed of trust 81 the Norflk aud
Western Railroad Company. known % H. May.
land AMI Washington Division Mortgage dated
December II, 1880.
Also. all RAILROADS. railways. ways, rights q
way. roadbed and grade. and all station. depot
and shop grounds, yards and other grounds uss'i
and to he used In the operation OF The SAID IN.
OF railroad above mentioned or described nial All
rails tracks, sidings. switches, hridfrs. frnes
turntables, water tanks. viadncts. culverts. q in
passenger and ether driots. station lfge,
freight houscs. machine shops, docks anl I'll
other structures. buildings and hNturcs whaiss
over acquired for the use and operation thcreuf;
and together with all the pilline stock marhine.
~, tools implements. fuel AMI materials ~ the
said Norfolk and Western Railroad Company,
owned or acquired for constru tag aniaininy.
operating. replacing. Improving or repairing To
said lines OF railroad and their appuricnnnces
or any part thereof; and al che rtsil and pr
sonal estate owned ~ said last raHti0nd aate
or thereafter acquired and used lor ne olrfatio1
thereof.
Together with al the corporate rights. prld.
icges AMI franchises ~ the std Norfolk AMI
Western Railroad Company l-'sses-id on ll'eem-
her 10. 1890 or thereafter acquired. RELATING 70
the said rairnads and branches Including aid
Washington and Western Railroad, and The con-
.tructiOn maintenance. use AMI enjoy mcnt or ths
taM lines ~ rDilruld and property,
And all the streets. ways, passages waters.
water-courSes. easements rights. liberties, priv
ileges. hercdltaments and annnrienancc' whatso.
ever unto any ~ the heninheiorc mentioned
premises and estates belonging or apneria nlnr,
and the rcvcrslons and remaindcr-. rents Issues
and profits thereof, and ~ the estate, right.
title. Interest. property. claim and demand N
every nature and kind Whatsoever ~ the ssn
Norfolk and Western Railroad Company ownt
and possessed on said Iasi-mentioned date.
thereafter acquired BY n IN or 10 the same, 81
every part and parcel thereof.
Subject to the performance by the purchased
or his Successors or assigns. OF all pending ron.
tracts In respect 81 said railroads, properties and
franchises lawfully made 10y the krclsefs -
the Norfolk aud Western Railroad Company Do
fore such sale thereof.
"A provided by said dccrpcs. sali RAILROADS
properties aud franchiscs WIZ ht "n'fth i"f A"
as an entirety
The purchaser OF said railroads, properties AMI
franchises his Successors or assigns. uian la}.
mcnt Of the purchase price bid tieniof, %
upon making such provision ~ ilc Cart shan
approve for the payment Thereof shall receive
conveyance of and .. LET INT" pn-scsslon N
the premises conveyed, Including hil nei in,"nr
aud other property received hi thr h"flfff
OF said Ilaroad Company IA the management
or operation of tie morigaeei premises sn'
brarrd In the conveyance - -nrh pnnNarf
or perfnlning thereto. and the rtircnasef oi saii
railroads pruperi'es AMI franchises, his slf'ss.
sors or assigns shall also receive convey hnce "i
any and all property ~ the said Railroad Tom
Iany appurtcnant 9" sald preihi,,r ~ a'iui.,,
Tor use In connection with or for The fniipsr. OF
said railroads and properties. except fonlhs
stock acqulrd with the proceeds OF h'''hfis
certificates or notes.
once Is hereby made. 10 the terms. conditions,
reservations and obligations 10 SAID several d.
erres respectively contained, inclniins u".' Pr
respect ~ ni the said Receiver. 80 rhms
against the sald Receiver. 'cl claims agalh.i
the said Railroad Company for unpaid iulfpl~l,
ness or liability contracted Or Incurred ~ ns
Railroad Company IN the Operation OF ut Hn
roads and properties sold which may bt az
Judged rrIor IN lien Or superior IN equity 20 siN
Maryland and Washington Division Mortgage.
Tie Special Masters. directed by ne ae-
crecs win receive no BID from any one o1.hls
TO bid for The railroads, properties ana tilL
chlses above described who shall not a.
pledge that be viii make good his BID 10 az
Of IT. acceptance. first have deioshcd VIII n
Suecial Masters the sum OF $1,000 10 MOI,
or by certified check upon any National lilnA
Trust Company In the City OF Sew ipfA, q
500 900 par value OF the bonds secured by ~
MARYLAND and Washington Difi-iOn llnsisf
Upon acceptance OF any pa Tue lsf.,.4..el ~.
forthwith deposit with said Special Naster w
sum Of 500. 600 In cash, or Wy ceriinei 49,
upon any National Bank or Trust 'omfan I. y.
City Of New York. or SJDp0cD par Valle N u
bonds secured by said Maryland and Hi.l.lt,t
Division Mortgage. but any cash Or iols ~.
may have been previously deposited ~ m.
ccszful bidder n pledge that d. F9li
good bis bid, viii be- received on acfHni m vi
amount 50 required on the acceptance Of la ~.
The Special Masters VIII receive r'fl.A,
NJ The Mercantile Trust Company. IN ne ~
New York. that II holds Maryland ana W.
ingion division Mortgage bonds % an So.
therein specified, subject 90 the order I" -
party therein named. and Transferred ~ -
pariy 10 the order OF said Special Master.
lieu ~ such bonds with like force ana el's,l-i 800
though the bonds therein named had been o''''
cred 10 such Special Masters
In cnse any bidder shall fail 10 make ~
SAID DEGREES
his bid the Special Masters VII forthwith -
OTer the property for sale without further DIV
or advertisement. ,.
In case any bidder or purchaser shan '-A
make good bis bid upon iis acceptance W ,u
Special hastGrs, or after such nccerfalr, -
fail TO comply With any order % The rpyii >.
Iatinr 10 the payment thereof or the eon..li-,,,
tlOn Of the purchase. then the sums ln a.,
bonds deposited by such purchaser VII p ,,p,
feifed as n penalty for such failure, AMI w
applied toward the expenses OF = rssa. al
towards making good any deficiency ~ ~
case the property shall be sOld ~ pr.
than that BID at the prior sale II ~ 80
shall not confirm the sale the feIlsif sh1i 7. =.