The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1896-04-09
Commissioners ESale
OF THE
Marietta &c North Geor-
gia Railway.

! Under and by virtue OF Decree of Foreclosure
| and Sale rendered by the Circuit Court OF the
United States for the Northern District of Georgia
| on the 18th day OF May, 1893 and thereafter by
| the Circuit Court of the United States for the
Eastern District of Tennessee, Northern Division,
and the Circuit Court of the United States for the
Western District of North Carolina, in equity
causes wherein the Central Trust Company of
| New York and the Boston Safe Deposit and Trust
Company, are complainant, and Marietta North
| Georgia Railway Company and others are de-
l PENDANTS, being consolidated causes Nos. 359 and
All in the circuit court Of the UnitedStates for the
Northern District OF Georgia and by virtue of an
order or decree passed by the Circuit Court OF the
United States for the Northern District of Georgia
on the Goth day of June, 1898, and ratified and
adopted be the aforesaid Circuit Courts of the
United States for the Eastern District of Tonnes
see, and Western District of North Carolina; and
also by virtue of DEGREES of the Circuit Court of
of the United States for the Eastern District of
Tennessee, Northern Division, as OF 10Th day OF
May, 1895. which was ratified and adopted by the
Circuit Court of the United States for the North.
ern District of Georgia by its decree of 4th June
1895. and which said last referred to decree
| afterwards ratified and adopted by said Circuit
Court of the United States for the Eastern District
| of Tennessee Northern Division, and also by vir-
tue of decree of the circuit court OF the United
States for the Northern district of Georgia, made
on the 10th day of October. 1895, which said last
| mentioned decree was ratified and adopted by de-
of the circuit court OF the United Stases for
| the Eastern District of Tennessee, northern divis-
ion, and the circuit court Of the United States for
the western district of North Carolina, and by
virtue of decree of the circuit court of the United
States for the Northern District of Georgia, passed
| on the l4tn DAY OF Mlrcn, 1890, ordering resale
of said property, and which last mentioned decree
was ratified and adoptedhy the circuit courts OF the
United States for the Eastern District of Tennes-
see, Northern Division and the Western District
of North Carolina, we, Robert J. Lowry, and II.
Il. Taylor, the undersigned special commissioners,
shall proceed to offer at public sale to the highest
bidder or bidders, all and singular the corporate
property and franchises of said Marietta North
Georgia Railway Company, the line of railway ex-
tending from the town OF Marietta in Cobb coun-
| ty, Georgia, through the counties OF Cobb, Chero-
| kee, Piekens Gilmer and Fannin to the town of
Blue Ridge, in Fannin county, Georgia, and
thence on to the city of Knoxville, in Knox coun-
ty, Tennessee, through the counties of Polk, Nc
Mimi. Monroe, Loudon Bount and Knox, being
total distance of about EOS miles from Marietta
to Knoxville, being standard guage road, and
about 1851 miles lying in the State of Georgia and
about 109.3l miles lying in the State of Tennessee;
and also the further line of said railroad, being
narrow guage road, extending from the towr of
Blue Ridge, in Fannin county, Ga, to Murphy,
in Cherokee county, North Carolina, a distance
of about 25 miles, there being about l251 milesIin
the State of Georgia of this narrow guage road,
and about IL 40 miles in the State OF North Caro-
lima; together with all and singular the property
and estate OF said company of every kind, real
location OF said railway and however acquired,
and all other lands, station houses, bridges, build
| ings, fixtures and the equipment, rolling stock
| machinery, tools, implements and furniture what
ever connected with or belonging to the said line
OF railway; and also I'll rights privileges, Franchise
es, leases, contracts chooses in action and similar
property, whether.legal or equitable belonging to
said Marietta & North Georgia Railway Company
or to which it is in any way entitled and also ali
right, title, claim, interest and demand of the
said Marietta North Georgia Railway Company
in and to the line of telegraph upon its right Of
way.
Said property to be offered for sale as follows,
towit:
/. Said H. H. Taylor, special commissioner,
shall at IL o'clock H.. M. on Thursday the 23d day
OF April, 1S96,a the southern end of the approach
es of the bridge over the Tennessee river at knox<
ville in Knox county, Tennessee, proceed to sell
the following described portion of said Marietta &
| North Georgia Railway
! (a) That portion of said standard guage road
lying in the State OF Tennessee and extending
from the State line between Georgia and Tennes-
see to the city of Knoxville distance of about
109.31 miles, exclusive of the bridge and its APP
proaches and the track laid upon right of way ac-
qulred by said Receiver, over the Tennessee river,
and exclusive OF all rolling stock and equipment,
shall be sold as one parcel at minimum or upset
price of $245 000 and no bid for less sum- shall
be received; and that deposit in cash or certi-
| fed check shall be made with the special commits
sioner at the time of sale in the sum OF 5000.
| (b) The said bridge over the Tennessee river at
| Knoxville, its approaches and tracks laid in con-
necton Herewith shall be BY said HI: HI. Taylor,
special commissioner offered for sale in parcel
at minimum or upset price OF $40, 000 and at the
time of sale there shall be paid in cash certified
check to said special commissioner making the
S., 600
After offering the broad guage road in Tenness-
see and the bridge and its approaches, separately,
| said ii. II. Taylor, special commissioner, shall
then offer for sale the two pieces of property joint
ly, requiring deposit of $4,000 from bidders
ON the property as an entirety but he can accept
no bid for the two jointly which is less than the
sum of the bids for the two when offered separate
=. After making the sale of the said above set
forth portions of said Marietta & North Georgia
Railway lying in the state of Tennessee as afore-
said, said II. H. Taylor shall then proceed and be
at Marietta, in the county of Cobb in the state of
Georgia, at II O'Clock a, m on Saturday fthe 25th
day OF April, 1885, to take part in the sale of the
remaining portions of said Marietta and North
Georgia Railway as follows:
Robert j, IOwrey special commissioner. shall on
Saturday the 18th day of April, 1896 at IL o'clock
A. NJ proceed to offer at public sale to the highest
bidder or bidders, on the premises at the pa.sen-
ger depot or station of said Marietta and North
Georgia Railway, in the town of Marietta, in Cobb
county, Georgia, the following described property:
(a) Said Robert j. Lowry, special commission
er, shall offer for sale a separate parcel the
broad gauge road lying in the State OF Georgia and
extending from Marietta via Blue Ridge to the
Tennessee State line, distance of about 1851
miles, together with al the broad gauge rolling
stock and equipment of every kind and character
belonging to said Marietta & North Georgia Rails
way, at a minimum or upset price OF $500 900, of
which sum there shall be paid in cash or certified
check at the time of sale to .said Special Com
missioner the sum of $4,000.
(b) There shall then be offered by Robert J.
Lowry, special commissioner, as one parcel the
narrow gauge road extending from Blue Ridge in
the State of Georgia to the State line between
Georgia and North Caroline distance Of about
1851 miles, together with all narrow gauge rolling
stock and equipment belonging to said Marietta d
North Georgia Railway Company, at minimum
or upset price OF SIS 600, OF which there shall
| be palu IN CaSn or Certlneu check at the time OF
sale to said Special commissioner $500.
: (c) There shall then be offered by Robert J.
! Lowry, special commissioner, one parcel the
narrow gauge road lying in the State of North
Caroline extending from the State line between
Georgia and North Carolina distance of about
12.49 miles, at minimum or upset price of Sl0,,
2 900, and there shall be paid in cash certified
check at the time of sale to said Special Commits
sioner the OF 81 0C0.
There shall then be offered by said Robert J.
Lowry, special commissioner, entirety the
three said parcels of property, towit: The broad
gauge road with its equipment lying in the state
of Georgia. the narrow guage with its equipment
lying in the state of Georgia; end the narrow
guage road lying in :he state of North Carolina, at
the minimum upset price of S4l5,O0 and no
bid shall be received for said three parcels Of prop
erty offered together for less SUM than $415,0O0,
and deposit OF So, 500 shall be required from
those bidding on said property entirety.
g. Then the whole OF said standard guage and
, narrow guage road and appurtanent property ly-
ing in the states OF Georgia, Tennessee and North
Carolina, together with the rolling stock and
equipment will be offered for sale entirety
by Robert J. Lowry and II. H. Taylor, special COM
missioners, and bid will be received except for
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