The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1896-04-23
Commissioners Sale
OF THE
Marietta & North Geor-
gia Railway.

United States for The Northern District of Georgia
on the 18th day of May, 1888 and thereafter by
| the Circuit Court of the United States for tie
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 coMplainants and Marietta & North
| Georgia Railway Company and others are de-
PENDANTS, being consolidated causes Nos. $50 and
417 in the circuit court of the UnitedStates for the
Northern District OF Georgia; and by virtue of
order or decree passed by the Circuit Court of the
United States for the Northern District OF Georgia
| on the Goth day of June, 1893 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, of 18th 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
1885. ard which said last referred to decree was
| 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 ratified and adopted by de-
crees 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 theU United
States for the Northern District OF Georgia. passed
on the 18th day OF March, 1896, ordering resale
OF said property and which last mentioned decree
was ratified aud adopted by the crcuitcouTS 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.
| II. 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 hallway Company, the line of railway ex-
| tending from the town OF Marietta in Cobb coun-
! ty, Georgia, through the counties of Cobb Chero-
| kee, Pickens, Gilmer and Fannin to the town OF
1 II in lNI,f,,
thence on to the city OF Knoxville, in Klox coun-
! ty, Tennessee, through the counties of Polk Nc
Mimi Monroe, Loudon, Blount and knox being
total distance OF about eos miles from Marietta
to Knoxville, being d standard guage road, and
about % 81 miles lying in the State of Georgia and
about lO95l mies lying in the State of Tennessee;
and also the further line of said railroad being
narrow guage road, extending from the town OF
Blue Ridge, in Fannin county, Ga, to Murphy
in Cherokee county, North Carolina, a distance
OF about % miles, there being about II 81 milesiin
the State of Georgia of this narrow guage road,
and about II 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
personal or mixed, whether within or outside the
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 all 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 all
| 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
l. Said II. H. Taylor, special commissioner,
shall at II o'clock Il. m. on Thursday the 23d day
OF April 1S96,at the southern end OF the approach.
of the bridge over the Tennessee river at Knoxs
vile, 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
1881 miles, exclusive Of the bridge and its an
prOaches and the track laid upon right of way ac-
quired by said Receiver, the Tennessee river
and exclusive of all rolling stock and equipment
shall be sold as one parcel at minimum or upset
price OF S245 900, 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
soner at the time of sale in the sum of S35 900.
tb) The said bridge over the Tennessee river at
Knoxville, its approaches and tracks laid in con-
Gecton Herewith, shall be by said II. III. TAYLOR
special commissioner Offered for sale in one parcel
at minimum or upset price OF $4,000; and al the
time OF sale there shall be paid in cash certified
check to said special commissioner making the
sale OF said bridge and its approaches the sum eff
s., 900.
After offering the broad guage road in Tenness-
See and the bridge and its approaches, separately,
said Fl. 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 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
~.
2 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 IL. 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 ithe 25th
day OF April, 1896, to take part in the sale of the
| remaining portions of said Marietta and North
Georgia Railway as follows;
Robert j, Lowrey special commissioner, shall on
Saturday the 25th day of April 1896 at il O'Clock
A. NJ proceed to offer at public sale to the highest
bidder or bidders, the premises at the passen-
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 Tor sale as 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 95.6
| miles, together with all the broad gauge rolling
stock and equipment OF every kind and character
belonging to said Marietta & North Georgia Rails
way, at minimum or upset price of $500 900, of
which sum there shall be paid in cash 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, 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 K
| North Georgia Railway Company, at a minimum
or upset price of $4,000, of which sum there shall
| be paid in cash or certified check at the time OF
| sale to said Special commissioner $1,000
| (c) There shall then he offered by Robert J.
! Lowry, special commissioner, as one parcel the
narrow gauge road lying in the State of North
| Caroline extending from the State line between
| Georgia and North Carolina a distance OF about
| 12.49 miles, at minimum upset price of $40, i,
900, and there shall be paid in cash or certified
check at the time OF sale to said Special Commits
| Sioner the sum of 81 900.
| There shall then We offered by said Robert !
| Lowry, special commissioner, as an entirety til.
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 or upset price of S4l5, 900, and no
bid shall be received for said three parcels Of prop
erty offered together for less sum than $415 900
| and deposit of $50, 500 shall be required from
| those bidding on said property as entirety.
| 3. 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 as an entirety
| by Robert J. Lowry and H. H. Taylor special COM
| mssioners and no bid will be received except for
| y sum greater than the aggregate amount OF the
| separate bids that may have been made for the
! five separate parcels OF property aforesaid, and
deposit OF 500 800 in cash or certified checks at
of tbo ~