The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-17
LEGAL NOTICES.
NOTICE OF FORECLOSURE SALE.

is hereby given that pursuant to II decree
of foreclosure and sale of the Circuit
Court of the United States for the
Western District of North Carolina, filed
on the 18th day of October, 1885, in Il GER
tain cause in equity pending in said
Court, entitled the Mercantile Trust and
Deposit Company of Baltimore, Trustee,
Complainant, VS.: the Roanoke and
Southern Railroad Company, and the
Norfolk and Western Railroad Company,
Defendants, and certain other decree
| ancillary thereto, entered in n cause in
equity pending between the same parties
in the Circuit Court of the United States
for the Western District of Virginia,
We, G. e. Bowden and Charles Sharp,
as Special Masters, will sell at public
| auction, to the highest bidder or bidders,
ut the passenger station upon the railroad
of the Roanoke and Southern Railway
Company ut Winston, Forsyth County,
North Carolina, on Tuesday, the 9th day
| of November, 1896, ut two o'clock in the
afternoon, the railroads, franchises, prop
erty and premises mentioned in the said
DEGREES and described as follows:
All and singular the entire line of rail
road of the Roanoke and Southern Rail-
way Company constr ucted on March 10th,
| 1892, or thereafter constructed, extending
| from the City OF Roanoke, in the State of
| Virginia, and running thence through
the towns of Martinsville, in Henry
| County. Virginia. to Winston-Salem in
! Forsyth County, North Carolina, IL dis
lance of about one hundred and twenty
two and fifty. three hundredths 122. SO
miles, and all extensions thereof and all
lateral or branch roads from any part or
| parts of the road of the Roanoke and
| Southern Railway Company, including
| the right of way therefor, the roadbel
| striI rtt,rn nj.
thereon, and all stations, depots and shop
| grounds, yards and other grounds used
| in the operation of the said railroad, and
all rails, railways. tracks, sidings,
switches bridges fences, turn tables,
water tanks, viaducts, culvcrts, main
passenger and other depots, station
houses, freight houses, machine shops,
| docks and all other structures, buildings
and fixtures whatsoever acquired for the
use and operation of said railroad: aud to-
| gether with all the rolling stock, mnchin-
cry, tools, implements, fuel and materials
of said Roanoke and Southern Railway
| Company owned or acquired as part Of
the said railroad, and all the real and per-
sonal estate owned on March 10th, 1892.
| or thereafter acquired and used as part of
| said railroad.
| Together with all the COZ porate rights.
| privileges and franchises of the said de-
1
| Company possessed OH said last-mention-
ed day, or thereafter acquired relating 70
| the said railroad and the construction.
maintenance, use and enjoyment of the
| same.
| And all the streets, ways, passages,
| waters, water-courses, easements. rights
| liberties, privileges, Embellishments and
appurtenances whatsoever unto any OF
| said premises and estate belonging or ap-
| pertaining, land the reversionsan remain.
| ders, rents, issues and profits thereof and
MI the estate, right, title, interest, prop.
erty, claim and demand of every nature
and kind whatsoever of the said Roanoke
and Southern Railway Company owned
and possessed on said aforementioned day
or thereafter acquired at law or in equity,
| of, in or to the same or any part or parcel
| thereof.
Subject, however, as to certain of said
rolling stock, to certain equipment
lease known rs the Roanoke and Southern
| Equipment Trust Series y dated the 18th
day of December, 1891, under which there
are now outstanding and unpaid certfi-
Gates to the aggregate amount of $40, 900.
par value.
And subject also to the performance by
the purchaser, his Successors or assigns, of
all pending contracts in respect of said
| railroad, property and franchises lawfully
made by the Receivers of the Roanoke and
Southern Railway Company before such
sale thereof.
AS provided by said DEGREES, said rail
road, property and franchises will be
offered for sale rs an entirety.
The purchaser CT said railroad, property
and franchises, his Successors or assigns,
upon payment of the purchase price bid
therefor, or upon making such provision
as the court shall approve for the paw
ment thereof, will receive conveyance of
and he let into possession of the premises
conveyed, including all net income and
other property received by the Receivers
OF said Roanoke and Southern Rail-
way Company in the management or
operation OF the mortgaged premises en-
Draced III the conveyance to such ptr-
chaser, or pertaining thereto; and the
purchaser of said railroad, property and
franchises, his successors or assigns, shall
also receive conveyance of any and all
property of the said Roanoke and South
ern Railway Company appurIenant to
said premises or acquired for use in CON
nection with or for the purposes of said
railroad and property.
The said sale will be made subject. and
reference is hereby made, to the terms,
conditions, reservations and obligations
in said DEGREES respectively contained, in
Guiding those in respect of (a) the said
Receivers. (b) claims against the said Re-
ceivers, fc) claims against the Roanoke
and Southern Railway Company or the
Norfolk and Western Railroad Company
for unpaid Indebtedness or liability con-
tracted or incurred by said Railroad Com.
panies or either of them in the operation
of the railroad and property sold, which
may be adjudged prior in lien or superior
in equity to the mortgage of the said
Roanoke and Southern Railway Company
| 4. tal NI....,l