Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1896-08-19

NOTICE OF F0REc1OSURE sALE.-NURrOlR
and Western Railroad Maryland and Wasb.


Trust and safe Deposit Company aud Tie Mer
camille Trust Company cOmpainants. against the
Norfolk and Western Railroad Company de-
PENDANT. AMI certain DEGREES ancillary thereto
IN CAUSES pending between the said parties IN ths
Circuit Courts OF the United States for the f1l-
lowing districts, entered. on June eth. iS96 In
the District of West Virginia. aud on June 18th.
1876 In the District OF Maryland,
We q. T.. Bowden and Charles SHARP as Sre-
cal Masters. will sell az public auction 10 ihe
highest bidder or bidders, at the passenger STA.
ti0n upon the railroad OF the Norfolk AMI Western
I,ailr,ad Company. az Roanoke. Virginia. on
Wednesday, the 10th day of September,
1896, at ten o'clock in the forenoon. the rail.
roads, properties, rights. privileges and fran.
chises mentioned In the said decree and described
as follows:
All and singular the railroad Of the Norfolk
and Western Railroad Company formerly OF the
Shenandoah Valley Railway Company, and preyl.
ously OF the Shenandoah Valley Railroad Coid.
panyl. beginning NJ point at or near Hagen.
town. In Washington County, In the State OF Ma.
ryland. and extending thence through Washing.
ton County. In the State Of Maryland, 10 4 point
on the Potomac River. Of " near Shcpherdstown.
10 the State Of West virginia.; thence through
jefferson County. in the State OF West Virginia,
aud through the Counties OF Clarke. Warren.
Page. Rockingham and Augusta, In the State u
Virginia. TO point Of Intersection with the
Chesapeake and Ohio Railroad NJ Basic az 90
near WaynesbOrO. aud crossing said railroad and
extending through the Counties OF Augusta Rock.
bridge. EOtetourt and Roanoke. IN said State 20
n point OF Intersection with the line Of the Nor.
ming from Norfolk westerly. together with
certain branches from the railroad above Dc.
scribed, including the Rorer Iron Company
Branch the Roanoke Stockyards Branch. the
Grocer Iron Company Branch. the Mace on
Branch. the Chesapeake and Ohio CONNECTION ~
Loeb laird. the Pciter Mine Branch. the Niue
Bank Branch. the Stuarts Draft Branch, the
I.pscOmb Branch, the Chesapeake and Ohio Con.
nrction at Basic thc Crimora Branch the She.
nandoah ore Branch. the Virginia Midland Coo.
nection. the Carson Lime Kiln Branch aud the
nafffmu-p and Ohio correction. making fn.nfNrp
about 1872 miles u single.track railroad. 20.
gcthcr with all branches, sidings and other ap
pnrtcnances ~ the said Hue OF railroad. with tie
tolls. incomes. rents, issues and prohts thereof
and all tie real estate, rights OF way, easements
fixtures. rolling stock machinery, tools ani
equipments. and al other personal property
railroad: and also the reversion and rererslons,
remainder and remaindcrs, and all The estate,
rir-t. title, Interest, property, pos'essloh.
claim and demand Whatsoever, as we'll NJ law a.
In equity. OF the Norfolk and Western Railroad
Company In or 20 the said railroad. property,
franchises. rights. powers aud prl,ileses' and 70
singular an the railroad and other property real
personal and mixed. and all chartered rights.
powers. privileges and franchises formerly b.
longing 10 the Washington and Western Ran.
road Company: and also all In1 singular an
other proiieris afpurienant To or used In connec.
tiOn with The line % railroads acquired by ne
said Norfolk ami Westnrn haiifuid Company
from tho Shenandoah valley Hallway Complnyi
and all extensions Of the said llno % RAILROADS
and all short branches thereof and improvements
thereon acquired by the Norfolk and Western
Rallrlad Company after December u. is.1. by
construction purchase or otherwise, with ihe
proceeds OF any OF the bonds issued under ne
mortgage or deed of trust 81 the Norfolk and
Western llailraaa Company. known - IT. Nly.
land and Washinctri, lsFis'on Mortgage dated
December II. 1890.
Also. all railroads. railways. ways. rights n
way, roadhcd and grade. and all station, dept
md shop grounds. yanls and other grounds ussd
and 10 be used In the operation OF The said linss
Of railroad above mentioned or described aid an
rails. tracks, sldIng-, switches, BRIDGES, fenes
turntables, water tank. siadaetg. cglyefts riin
passenger and ether don0ls, station ffa"A
freight houses. machine siop-. docks nni ~
other structures. buildings nnd fixtures wiliso.
ever acquired for the use and operation thereof;
and together with oil the rolling stock. machine
~ tools implements. fnel and materials n the
sad Norfolk and Western Railroad Company.
owned or acquired Tor c0nstni flag, alnillunv.
operating. replacing, Improving or repairing iie
said lines Of railroad and thelF apruFfcnanros.
or any part thereof; md oil me rial lnd pr.
.sonai estate owned az said last mentioned aaie
thereafter acquired and used for ihe cponiiog
Together with all The corporate RIGHTS privi.
lcgeS and franchises of the said Norfolk AMI
Western Railroad Company possessed On lhcen'
her 10 1890. or thereafter acquired. relating ~
the said railroads and branches, including aid
Washington and Western Railroad. and The con
.tructiOn. maintenance, uaa ana cnNymeht OF lhe
rad lines Of railroad and property
And all the streets. ways passages. waters,
watcr-courscs. easements. rights. liberties priv
ilegcs. horedtamcnts and anpurienances whniso.
ever unto any ~ the horelnhoiorf mentioned
premises and estates belonging Or hnpefia nllr
and the revcrsiOns and romalnders. rents. issias
and profits thereof. and all the estate. rlrh,
title, interest. property claim ami demand of
every nature and kind Whatsoever or the sil
Norfolk and Western Railroad Company avnd
and possessed on said aforementioned date, =
thereafter acquired hy u In or ~ the same, A.
every part and parcel thereof.
Subject 10 the performance by the purchasck
or his Successors or assigns OF all pending con,
tract. I'm respect Of said railroads properties ADD
franchises lawfully made by the iecrlfrn y
the Norfolk and Western Railroad Company De-
fore such sale thereof,
As provided by said DEGREES. said railroads
properties aud franchises viii be offered fof sllo
as an entirety.
franchises biz succcasors or ns-gns, up0n l1l'
mcnt Of the purchase price bid tlemiuf' ~
upon making such provision ~ lhc CURT s'lh
approve for the payment thereof, Elall receive
cenvevance Of aud Doe lct into possession n
The premises conveyed. including al bet in'ofur
and other property received hy the He'eiteis
Of said Railroad Company IN TIE manas'ineni
or operation OF the uOrtelg'Tl premises ems
braced n the Conveyance 10 snrh purchaser.
or pertaining thereto and the tur'hh-rt OF -Ns
railroads properties and franchises, lhr rN''f
sors or assigns shall also receive ,onteianre or
any and an property ~ the said kf ir.nd Nnm
pany appurienlni to said prcniscs of a"lnlf'I
Tor use In connection with or Tor The plii'srs "i
said railroads and properties. except fpiilhf
certificates OF mites.
Tie sid sale WIN be made subject ara Or.
ence n hereby made. 90 ilf terms tnnhllNNf
raserta ions ami obligations in saih Hfftrii ni
cre,.s rt.ri,eotvelv contained. Including tlef iH
respect II til The said Receiver. tn Ga ~.
against the said Receivers. il claims asiih.i
the said Railroad Company TT nhrhh lnnf'l.i
ness or liability contracted or lnruffrl ~ -
Railroad Company in tie operation or ~ fii
roads md pforrrlss sold Which mas BE- OH.
judged prior 20 lien cr suf.I9f 10 ",,,l 70 '''
Maryland and Washington Division heFig-ss
Tic Special Masters. ~ directed 10y t,f n
creos win receive no hil from any one on.nis
10 b.d for the railroads. prpierilea ana ll'.
chis,s abore described who shall nj. al
pledge that hs viii mako good Dc hd. m '.n
OF lis acceptance. nrli hase islG-iiei VITO ~
Special Masters tle snm ~ NlWyp 10 Wp.n
or hy certified check upon nfy National NlA y
Trust COMPANY iu The city " NeW lpfti
$3.50 non mar va,na Of the hlniis secured li 30
laryland md Washington Division Monfht''
-'fan acceptance " ans hll The purchaser ~
forthwith deposit with SAID Special Ml.ien
SIM Of $4,000 in cash. Or Dos certified
uf,on ans National Bank or Trust '0mlaW /.
city ~ New York. 0r f5p1.oD par VAIN d.
bonds secured hy g. q Marfland aHH rt-,
Division Mort gage. hut any cash or
may hrvo been previously drprtiini y t
cpaarn bidder NJ "a pledge that Dr. fNlN
good BIS bid. VII l.c received on aofa.' u tt
amount reInlfoi on fhe ncceriano' ol -,.
The Special Masters VII receive
Of TIE Mercantile Trust Company. in d. ~
Nrw York that ~ holds Maryland 1ll w.
ington Division MORTGAGE bonds io IN II.
therein Specified subject 90 me order ~
party therein mined and Transferred
party 10 the order ~ said Special
lieu ~ -uca bonds with likn rlrs aHi fI.
tiOEeh rho bombs therein named tai F'-
cred 10 such Special Nasicrf
IN case nny bidder sinll nm ~ niak' ll'
Dssit by said dacrees required NON arr'li
BIS hid TIE Special Masters - D forihnH
'ncr tine property ~ saie without fnrlF D''
% m ~, eTsr a8r bidl., q, parrhasrr hall tl
make god b. ldd ufaH ifg anfFahft ..u
Special Minister'S. 0r after Nurh accepial
fil ~ comply With any order N ite ifnI
afinc 70 the pigment thereof ~ 10 clh,
ton - ;ho nurrlasc then The SUMS N -,
sads Deposited hy such purchaser VIZ rifs
'elfed ~ a penalty for such failure. ani $3.50
iuniira toward fhe ezpenses ~ = frif n
towards making god any fenclenry ~ -
,ase fhe property shall BE- soid on 2 lff,rs
han that ia az the prior sale. II 20
hall not confirm ihf sale TIE deposit siaN -,
urned 10 the hd'ler The deposit receii' w. H.
my unssccessffl bidder shall DO returned ~
wien the property shall DO sfrfirk down
s-p0n confirmation ~ the aale BY ~ 'e-l,. 4,
purchaser shall make such further faln -
,ayments IN tash nl arcorpf ~ hf ~ - sgf