The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-19
LEGAL NOTICES.


on the 7th 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 IL certain other decree
| ancllary thereto, entered in Il cause in
| equity pending between the same parties
i'll the Circuit Court of the United States
| for the Western District of Virginia,
| We, G. Il. Bowden and Charles Sharp,
as Special Masters, will sell at public
| auction, to the highest bidder or bidders
ut the passenger station upon the railroad
of the Roanoke and Southern Railway
| Company ut Winston, Forsyth County,
| North Carolina, on Tuesday, the 9th day
OF November, 1896, at two O'Clock in 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,
| lS92, 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 in
Forsyth County. North Carolina Il dis
lance 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, and superstructure and tracks
| thereon, and all stations, dcpotS 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 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
| of said Roanoke and Southern Railway
Company owned or acquired as part Of
the said railroad, and all the real and per-
sonal estate owned on March 10th, 1892,
or thereafter acquired and used us part of
| said railroad.
Together with all the COZ porate rights.
| privileges and franchises of the said de-
| fendant 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,
| waters, water courses, easements, rights
liberties, privileges, Embellishments and
| appurtenanceS whatsoever unto any of
said premises and estate belonging or an
| pertaining, and the reversions'and remain.
tlers, rents, issues and profits thereof and
| all 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 at law or in equity,
of, in or to the same or any part or parcel
thereof.
| Subject, however, us to certain of said
rolling stock, to II certain equipment
| lease known ms the Roanoke and Southern
| Equipment Trust Series y dated the 18th
day of December. 1891, under which there
are now outstanding and unpaid certifi-
| Gates to the aggregate amount of $50, 600
| par value
And subject also TO the performance by
| the purchaser, his Successors or assigns OF
| all pending contracts i'll 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 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 appnrLenant to
said premises or acquired for use in CON
nection with or for the purposes of said
railroad and property
The said sale will he 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. OBJ claims against the said Re
ceiVers, tc) claims against the Roanoke
,'IH 'ou'"crn halfway Company or the
Norfolk and Western Railroad Company
for unpaid indebtedness or liability con
tracted or incurred 10y said Railroad Com.
panieS or either of them in the operation
of the railroad and property sold, which
may he adjudged prior in lien or superior
III equity to the mortgage of the said
Roanoke and Southern Railway Company
dated March 10Th, 1892, for the forcclo-
sure of which said DEGREES were entered.
The Special Masters, rs directed by the
| DEGREES, will receive no bid from any one
Offering to bid for the railroad, property
| and franchises above described who shall