The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-10-29
Ice cream at Ca;ogni's.
LEGAL NOTICES.

is hereby given ;lnt pursuant to a decree
OF foreclosure ard 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 certain other decree
anciliary thereto, entered in II cause in
equity pending between the slme parties
in the Circuit Court of the United States
for the Western District of Virginia,
We. e. 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 md 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 singula, the entire line of rail
road of the Roanoke and Southern Rail
way Company constr ucted on March 10th
1877, or thereafter constructed, extending
from the City OF Eoanoke, in the State of
Virginia, and running thence through
the towns of Ahrtinsville, 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 hundrcdths Q22 53)
miles, and all extensions thereof, and all
lateral or branch 'oads from any part or
parts of the road of the Roanoke and
Southern Railway Company, including
n kA
thereof, and suIerstructure and tracks
thereon and all stations, depots 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 ali the real and per-
sonal estate owned on March 10Th, 1892,
or thereafter acquired and used rs part of
said railroad
Together with all the corporate rights,
privileges and franchises of the said de
PENDANT Roanoke and Southern Railway
Company possessed on said last-mention-
ed day, or thereafter acquired relating 10
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
said premises and estate belonging or an
pertaining and the reversions''an and remain.
dcrs, 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, in or TO the same or any part or parcel
thereof
Subject, however, as to certain of said
rolling stock, to Il certain euuipment
lease known rs the Roanoke and Southern
Equipment Trust Series A,dated the 18th
day of December, 1891 under which there
are now outstanding and unpaid certifi-
Gates to the aggregate amount of S15, 900.
par value.
And subject also to the performance by
tllt purchaser, HIS SuCCebSOTS OF assigns. OF
all pending contracts in respect of said
railroad, property and franch ses lawfully
made by the Receivers of the Ronnokeand
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 mortgagcd premises en-
braced i'll 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 Soutb
ern Hallway Company appurlenant To
said premises or acquired for use in con
nection with or for the purposes of said
railroad and property.
The said sale will be made subject, and
reference is hereby made, to the terms.
conditions, reservations and obligations
in said DEGREES respectively contained, in.
Guiding those in respect of (a) the said
Receivers, (b) claims against the said Re-
ceivers, (c) claims against the Roanoke