The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-10-24

va, the National Mutual Building and
Loan Association OF New York will move
said court to appoint Junius McGehee as
trustee IN certain deed of trust exc.
cuteu by you, dated the 10th day of June,
lo90, recorded il the clerks office of the
hustings court for the city of Roanoke,
Va, In deed book &c, page /, in the place
of George j. Peet the trustee in said deed,
he (the said George j. PeeD desiring to
be relieved of said trust.
NATIONAL MUTUAL BUILDING
AND LOAN ASSOCIATION,
by Cooke and Glasgow, Attorneys.
1912 I'm
NOTICE OF FORECLOSURE SALE
Roanoke and Southern Railway. Notice
is hereby given shat 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 II 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 n certain other decree
ancillary thereto, entered in IL cause in
equity pending between the same parties
In the Circuit Court of the United States
for the Western District of Virginia,
we, u. II. Bowden and Charles Sharp,
as Special Masters, will sell ut 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, en- Tuesday, the 24th 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 us follows:
All and singular the entire line of rail
road of the Roanoke and Southern Rail-
way Company constr ucted on March 10th,
1872, 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, III
Forsyth County. North Carolina, dis
tance of about one hundred and twenty
two and fifty three hundredths Q22 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 roadbed
thereof, the Superstructure and tracks
thereon, and all stations, depots and shop
grounds, yards and other grounds used
III 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
| 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
If Il Il
Company owned or acquired rs part of
the said railroad, and all the real and per-
sonal estate owned on March 10th, 1872.
or thereafter acquired and used us 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 lust-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,
waters, water courses, easements, rights,
| liberties, privileges, hereditaments and
appurtenances whatsoever unto any os
said premises and estate belonging or APP
pertaining, and the reversionsand 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 Hallway 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 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 certif
| 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 franchi ses 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 au 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
| rs the court shall approve for the pay
ment thereof will receive conveyance of
ana he let .ntO 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-
braced 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 appurtcnant to
| said premises or acquired for use in con
nection with or for the purpose of said