The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-10-28
LEGAL NOTICES.
NOTICE OF FORECIOsURE SAFE.

western district of North Carolina, filed
on the ith day of October, 1896, in GER
taih cause III 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 IL certain other decree
ahciiiary thereto, entered in a cause in
equity pending between the same parties
in the Circuit Court Of the United States
for the Western District of Virginia,
we, u. H. Bowden and Charles Sharp
rs Special Masters will sell at public
auction, to the highest bidder or bidders.
mt 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, at two O'Clock in the
afternoon, the railroads, franchises, prop
erty ana premises mentioned in the said
DEGREES and described as follows:
All anu singular the entire line of rail
road OF the Roanoke and Southern Rail-
way Company constr ucted on March 10th,
lS92, 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, q dis
lance of about one hundred and twenty
two ana iltty three hundredths U22 53)
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 roadbcd
thereof, the superstructure and tracks
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, culverts. main
passenger and other depots, station
houses, freight houses, machine shops,
docks and all other structures, buildings
ana fixtures whatsoever acquired for the
Use and operation of said railroad: and to-
gether with all the rolling stock, niachin-
cry, tools, implements, fuel and materials
of said Roanoke and Southern Railway
Company owneu or acquired rs 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 col porate rights,
privileges and franchises of the said de
PENDANT Roanoke and Southern Railway
Ell day, or thereafter acquired relating to
the said railroad and the construction,
maintenance, use and enjoyment of the
same.
Ana all the streets, ways, passages,
waters 5, water courses, easements. rights
liberties, privileges, hcreditaments and
appurtenances whatsoever unto any OF
said premises and estate belonging or an
pertaining, land the reversions,,md remain
ders, rents, issues and profits thereof. and
AL 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 mentioned day
or thereafter acquired ut law or in equity,
of, i'll or to the same or any part or parcel
thereof.
Subject, however, as to certain of said
rolling stock, to certain equipment
lease known as the Roanoke and Southern
Equipment Trust Series y, dated the 18th
day of December, 1891, under which there
are now outstanding and unpaid certifi-
Gates TO the aggregate amount of $40. 600
par value.
And subject also to the performance by
the purchaser, his successor or assigns, of
all pending contracts in respect of said
railroad, property and franchises lawfully
made by the Receivers of the Roanoke and
Southern hallway Company before such
sale thereof.
As provided by said DEGREES, said rail
road, property and franchises will be
offered for sale as 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 pay
mcnt thereof, will receive conveyance of
and he let into possession OF the premises
conveyed, including I'LL net income and
other property received by the Receivers
of the said Roanoke and Southern Rail
way Company in the management or
operation of the mortgaged premises en-
braccd in the conveyance to such pur-
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 appurLenant to
said premises or acquired for use in CON
ncction with or for the purpose 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 i'll respect of (l) the said
Receivers, (b) claims against the said Re-
ccivers, (cl 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 adiudged prior in lien or superior
in equity 10 the mortgage of the said
Roanoke and Southern Railway Company
dated March 10th, 1892, for the foreclo-
sure OF which said DEGREES were entered
The Special Masters, as directed by the
l.. Il