The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-10-27
LEGAL NOTIOE3.
NOTICE OF FORECLOSURE SALE


western district of North Carolina, filed
on the 'th day of October, 1896, in GER
tam 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 certain other decree
anciiiary thereto, entered in n cause in
equity pending between the same parties
In the Circuit Court of the United States
Tor the Western District of Virginia,
we, u. II. Bowden and Charles Sharp,
as Special Masters, will sell at public
auction, to the highest bidder or bidders,
at the passenger station upon the railroad
OF the Roanoke and Southern Railway
Company ut Winston, Forsyth County,
North Carolina, on Tuesday, the oath day
OF November, 1916, ut two o'clock in the
afternoon, the railroads, franchises, prop
erty ana 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 constructed on March 10th
lSJ2, or thereafter constructed, extending
from the city OF Roanoke, in the State of
Virginia, and running thence through
the towns of Martinsvile, in Henry
Forsyth County, North Carolina, II dis
lance of about one hundred and twenty
two and fifty three hundredths (22 53)
miles, and I'LL 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 I'LL stations, depots and shop
grounds, yards and other grounds used
i'll the operation of the said railroad, and
all rails, railways, tracks, sdings,
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-
gethcr with all the rolling stock, machine
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 as part of
said railroad.
Together with all the col poratc rights
privileges and franchises of the said de
fendant Roanoke and Southern Railway
Company possessed on said last-mention-
Ell day, or thereafter acquired relating 70
the said railroad and the construction
maintenance, use and enjoyment of the
same.
And all the streets WAYS. passages.
watcls, watercourses, easements, rights.
liberties, privileges, Entertainments and
appurtenances whatsoever unto any of
said premises and estate belonging or an
pertalning,an 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 Railway Company owned
and possessed on said aforementioned day
or thereafter acquired at law or in equity
OF, i'll or To the same or any part or parcel
thereof.
Subject, however, as to certain of said
rolling stock, TO certain equipment
lease known rs the Roanoke and Southern
Equipment Trust Series \ dated the 18th
day of December, 1891, under which there
are now outstanding and unpaid certifi-
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 franchises lawfully
made Icy 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 he
offered for sale rs 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
az I,n I,nll
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 the said Roanoke and Southern Rail-
way Company in the management or
operation of the mortgaged premises en-
braced III 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 appurtenant to
said premises or acquired for use in CON
nection with or for the purpose of said
railroad and property.
The said sale will be made subject, and
reference is hereby made, to the terms,
conditions, reservations and obligations
III sttli uecrecS respectively contained, IN
Guiding those in respect of (a) the said
Receivers, (b) claims against the said Re-
ceivers, lc) claims against the Roanoke
and Southern Hallway Company or the
Norfolk and Western Railroad Company
for unpaid Indebtedness or liability con
tracted or incurred by said Railroad Com.
panics or either of them in the operation
OF the railroad and property sold, which
may be adjudged prior in lien or superior
in equity TO the mortgage of the said
Roanoke ana Southern Railway Company
dated March 10th, 1892, for the foreclo-
sure of which said DEGREES were entered.