The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-10-22
LEGAL NOTICES.

Il
Roanoke anu Southern Railway. Notice
is hereby given that pursuant to decree
OF foreclosure and sale of the Circuit
Court OF the United States for the
western District of North Carolina, filed
on the 9Th day of October, 1896, in a GER
tam 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 IL certain other decree
ancliiary 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. L. Bowden and Charles Sharp,
as Special Masters, will sell mt public
auction, TO the highest bidder or bidders.
at the pnsseneer station upon the railroad
OF the Roanoke and Southern Railway
Company ut Winston, Forsyth County.
North Caroini, ON Tuesday, the 9th day
OF November, 1896, ut two O'Clock i'm 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
lo92, or thereafter constructed, extending
from the city of Roanoke in the State of
Virginia, and running thence through
the towns o: Martinsville, i'm Henry
county. Virginia, to Winston. salem. in
Forsyth County, North Carolina. n dis
lance of abou: one hundred and twenty
two and fiftythree hundredths Q22. 53)
miles, ana 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 roadbed
thereof, the superstructure and tracks
thereon, and Ill stations, depots and shop
grounds, yards and other grounds used
i'll 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 ana all other structures, buildings
and fixtures whatsoever acquired for the
use and operation of said railroad and to-
gether with all the rolling stock, machin-
cry, tools, implements, fuel and materials
OF said Roanoke and Southern Railway
Company owned or acquired us part of
the said railroad, and nll the real and per-
sonal estate owned on March 10Th, 1892
| or thereafter acquired and used rs part of
| said railroad.
Together with all the col porate rights.
| privileges and franchises of the said de-
| PENDANT Roanoke and Southern Railway
| Company possessed on said last-mention-
ed day, or thereafter acquired relating TO
the said railroad and the construction.
maintenance, use and enjoyment of the
| same.
And all the streets, ways, passages,
tt.sl Fave aNn,.,
liberties, privileges, heredtaments and
| appurtenances whatsoever unto any Of
said premises and estate belonging or an
| pertaining and the reversions..and 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 aforementioned 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 IL certain equipment
| lease known as the Roanoke and Southern
| Equipment Trust Series y, dated the 10Th
| day of December, 1891, under which there
are now outstanding and unpaid certiii-
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 Railway 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
ment thereof, will receive conveyance of
| and be let into possession of the premises
| conveyed, including all 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 III 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
crn hallway Company appurLenant to
said premises or acquired for use in con-
nection 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
GLIDING those in respect of (a) the said
Receivers. (b) claims against the said Re
ceivers, (c) 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 i'll lien or superior
in equity to the mOrtonne nf fhn snid