The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1896-11-26
Receivers Sale.

S. II. Phelan, ct. al. VS.. The Atlanta
Dairy Company Fulton County Supe-
rior Court. No. 1878, Fall Term, 1896.
Bill for Receiver and other relief. IL ac>
cordance with an order of the Hon. j r.
Lumpkin. Judge Of the Superior Court of
the Atlanta Circuit, made in the above
entitled suit on November End, 1896, the
undersigned as receiver in said suit will,
on the first day OF December, 1896, (being
tne first Tuesday, at ~ o'clock, q. M, sell
at public outcry to the highest bidder,
before tie court house door in Marietta,
Cobb county, Georgia, the following
property OF said defendant, to wit: (a)
| Three shares Of stock in the Marietta
Creamery Company, Of the par value of
$500 90. (b) The interest of the deteEd>
ant in twenty-five promiscry notes of
one hundred dollars each made by j. M.
Cobgurn TO the defendant, one falling due
on the 18th day of each consecutive
! month, commencing with December,
1898. Said notes are secured by certain
land situated in Cobb county, Georgia,
and are in the possession of the Marietta
Trust & Banking Company, which COM
pany has prior lien on said land Tor the
payment of SO. 100 90 owing to it by said
Cogbnrn. Said twenty-five promissory
notes were by the defendant transferred
to w. Fl. Harlan and j. E. Webster,
Executors of the estate Of E. H. Webster,
deceased, as collateral security FOR the pay
ment of IS, $4,000 note made to them by
the defendant. Said Marietta Trust u
Banking Company hold said notes as col>
lateral security for said Executors, (c)
An equity IN the following real estate,
to WIT: All that tract or parcel OF land
lying and being in the 10th district and
md section of Cobb county, Georgia, and
more particularly described as follows; all
OF land lots ITO, I'll, 730, and the west ]
OF land lot 731; also that part Of land lots
7S1, 1882, 803 and 904, bounded by line
described as follows: Commencing at the
northwest corner OF said land lot 1852 and
running south along the west boundary line
thereof to point 40 80 poles north OF
the southwest corner of said land lot SOB;
thence east 80 poles; thence south so de-
grees east 1877 $40 poles to the Canton
road; thence north 81 degrees east along
the Canton road to the east boundary Of
land lot 804; thence north along the east
boundary OF land lots S04 and 7S1 to the
northwest corner of land lot ISL; thence
west along the north boundary of land
lots 701 and 1882 to the point OF beginning;
the whole of said tract containing 232
acres. more OF less. The title to the
above described tract of land was convey
ed by the defendant to w. H. Harlan and
J. E. Webster, Executors of The estate of
E. H. Webster, deceased, by deed record
ed in Deed Book "U" page 491 of the
Land Records of Cobb county. Georgia, to
secure the payment OF promisory note of
S., 440 90 with interest from December
10th, 1895 at s per cent There is credit
on said note made November 2nd, 1896 of
81, $50 GO.
Said three shares of Creamery stock will
5e sold separately; the interest of the de-
PENDANT in said twenty-five promisory
notes will be sold as one item and separ>
ately from said creamery stock and said
equity in said land; the equity of the de-
PENDANT in the above described land will
be sold separately and as whole Terms
of sale cash on acceptance Of bid. The
sale will be subject to confirmation or re-
lection by the Court in Chambers at $50
O'Clock, g. m, December End, 1896 This
November End, 1896.
EDLoND ScoTT. Receiver.