Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1896-08-26
NOTICE or FORECLOSURE sAIE.-NORFoIk
aud Western Railroad, Maryland aud Wash.

In a certain consolidated cause In equity uendln.
IN said Court, entitled The Fidelity Insurance,
Trust and Safe Deposit Company and Tie Mer.
camille Trust Company complalnants. against the
Norfolk and Western RAILROAD Company d.
PENDANT. and certain decrecs anclllary thereto
In causes pending between the said parties In the
Circuit Courts OF the United States for the fol.
lowing districts. entered: on June 18th. 1876, In
the District OF West Virginia, and on June 10th
1896. in the District OF Maryland,
We q. J.. Bowden and Charles Sharp, as Spe-
clal Masters. will sell az public auction 10 the
highest bidder or bidders, AT the passenger sta
tion upon the railroad OF the Norfolk and Weston
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
All and singular the railroad OF tho Norfolk
and Western Railroad Company formerly OF a..
Shenandoah Valley Railway Company. and prevl-
ously OF the Shenandoah Valley Railroad Com
panyl. beginning at point az or near Hagers-
town In washington County, In the state OF Ma-
ryland. and extending thence through Washing.
ton County. In the State OF Maryland. 20 a poiEt
on the Potomac River. OF " near Shepherdstown,
in the State OF West virginia.. thence through
jefferson County, In the State OF West Nlrgial.
and through the Counties OF Clarke. Warren.
Page. Rockingham and Augusta. In the State Of
Virginia, 10 point OF intersection with The
Chesapeake and Ohio Railroad at Basic, az or
near Waynes,oro. and crossing said railroad ami
extending through the Counties OF Augusta Rock.
bridge. Botetourt and Roanoke. 10 said State, %
n point OF intersection with the line OF the Nor.
folk and Western. Railroad At Roanoke run
ming from Norfolk westerly. together with
certain branches from the railroad above de-
scribed including the Rorer Iron Company
Branch the Roanoke StOckyarls Branch, the
Grocer Iron Company Branch, the Mace orr
Branch. the Chesapeake and Ohio Connection az
Loeb laird. the Pelter Mine Branch. the Mine
Bank Branch. the Stuart's Draft Branch. The
IipScomb Branch. the Chesapeake and Ohio Con
necton at Basic, the Crimora Branch. the She
nandOah ore Branch the Virginia Midland Con.
nectOn. the Carson Lime Kiln Branch and the
Baltimore and Ohio Correction. making together
about 30. - miles Of single-track railroad To-
Sether with all branches. sidlnss and other ap-
purenances OF the said line or railroad. with the
tolls, incomes. rents. ISSUES and prodts th .reof
and all tie real estate. rights OF way, easements,
fixtures. rolling stock. machinery, tools and
equipments aud al other personal property
thereto belonging or appcrtaining 10 the said
railroad. and also the rcvcrsion and reNefsioni.
remainder and remaindcrs. and all the estate.
right. title. interest. property. possession.
claim and demand whatsoever. as well az law az
In equity, OF the Norfolk and Western Railroad
Company In or 10 the said railroad. property.
franchises. rights, powers and privileges and 10
every mart ana parcel thereof: and also an ani
singular all the railroad and other property real
personal and mixed. and all chartered rlghts
powers. privileges and franchises formors h..
longing to the Washington AMI Western Rail
road Company. and also all and singular an
other property arpurtenant 20 or used In CONNIE
tion with the line Of railroads acquired hy ne
said Norfolk and Western Railroad Comp1uy
from the Shenandoah Valley Railway Company:
and an short branches thereof and Improvements
thereon acquired by the Norfolk and Wcs'en
Railroad Company after December II, iNn hy
construction. purchase or othcrwis" with ~
proceeds OF any OF the bonds issued uBlef ihe
mortgage or deed Of trust 81 the Norfolk ani
Western Railroad Company, known - Us Mary
land and Washington Division Mortgage dAied
December II. 1890.
Also. all railroads, railways. ways. rights OF
way, rosdbed and grade. and all station. depot
and shOp grounds yans and other grounds ussi
nj IN 10 uepd In the Oufrlfluu Of tho SAIL Ints
Of railroad above mentioned or described. aid al
rails. tracks. sidngs. switches. bridges, ftlos
turntables, water tanks, yiaducts. culYefts uai
passenger and ether dcpotS iistim l@ssa
freight houses, machine ahoTs. docks aui ah
other structures. buildings and fixtures wta'so-
over acquired foT the use and operation thereof;
aud together with all the rolling stock. machine
w, tools. implements, fuel AMI materials ot 10
said Norfolk and Western Railroad COMPANY
owned or acquired for consfu flag. ainiainltr
operating replacing. Improving or repairing ne
said lines Of railroad and their appurienlnces,
or any part thereof: and all 'he real and per-
s0nal estate owned M said last mentioned Gai,
or thereafter acquired and used for The oreraiia
thereof.
Together with all the corporate rl:his, priyi.
legcs and franchises Of tho said Norfolk AMI
Western Railroad Company losses..d on n,ccin-
her ~. 1880, or thereafter acquired. relating 70
the said railroads and branches. Including SAID
Washington and Western Railroad, and the con
StuctiOn maintenance, use and enhsmcut OF the
said lines or railroad and property.
And all the streets, ways. passages, waters,
Watcr-cOurScs. easements. ri-ilht unttiftt Iilr
ileges, Entertainments and appurienances wtsiso
ever unto any Of the hereinhefofe mentorfQ
premises and estates belonging or anTeHainit,
and the rcvcrSions and rcmanders, ronis, Issues
and profits thereof. and all the estate. rishi
title interest property. claim and demand N
evory nature and kind whatsoever of the Eah
Norfolk and Western Railroad Company owned
and possessed on said aforementioned date. Or
thereafter acquired by II In or 20 the same, and
every part and parcel thereof
Subject 10 the performance by the purchaser.
or bis successors or assigns, OF all pending ron
tracts I'm respect OF said railroads, properties and
franchises lawfully made by the Receivers n
the Norfolk and Western Railroad Company be-
fore such sale thereof.
As provided by said DEGREES. said rnrai'.
properties and franchises VIII be ofcrrd 81 iae
The purchaser OF aaid railroads, properties ani
franchises, hi successors or assigns, ulsln pay
ment OF the purchase price bid therefor, ~
upon making such provision as The Curt slah
approve for the payment thereof. shall receive
conveyance Of and be- LEI into possession N
the premises conveyed, Including al net in,"ms
and other property received hy the Receiver
OF said Railroad Company IN the management
or operation u the mortgaeed premise, cn'
braccd IN the Conveyance 20 such purchaser.
or pertaining thereto; and the purchaser oi sth
railroads pruucriies AMI franchise his sucoe-
sors or assigns shall also receive conFelanlc ~
any and all property N The said R1 lrfid 'nhi.
pany appurtenani 20 ,all premises pr pr lli.,
Tor use in connection with or Tor TIE purrisfs or
said railroads and properties, except fuilh9
stock acquired with the proceeds Of Receiver
certificates or noiis
Tie said sale viii be made subject am tfrr
ence II hereby made. 20 the terms. eondli Zone
reservations and obligations in said several a.
crccs respectively contained. lnrihhihs uw' ~
respect of Gl the said Receiver ihi 'Aus
against the said Receiver go claims .falh.i
the said Railroad Company Tor unpaid iniehirl.
ness or liability cnatrncted or Incurred ~ Mf
Railroad Company 10 Tie operation OF llf HD
roads and pfoperfl.. sold which may De- ~
Nr. LIAM
MARYLAND and Washington Division Mortgage
Tie Special Masters, ~ directed b} is ~
crces. vill receive no hld from any one el,nls
10 bid for the railroads, properties aia liaH
cbises above described who shall not AZ
pledge that he viii make good DE- hld, On 90
Of it, acceptance. first have deposited Nlih N
Special Masters the sum Of Siup.yo IN MOI,
or by certified check upon ans National Jus
Trust Company IN the city ~ New iort y
5000. 100 par value ~ The lHpn'lr sorlfl ~ ~
Mari land and Washington Division MoHslt.
r'fan acceptance Of any hih The pure a.ei 80
forthwith deposit with sald Special Masters RI
sam ~ S3JO.O 900 10 cash. Or 10y refiihrl
upon any National Bank ~ Trust COMPANY y r.
civ 81 New York or SIoD.OpO par f1Iif at M.
bonds secured ly 30 j Maryland and Wi.llf-'
Division Mortgage. but any cash ar inil.
may have been previously deposited p ~,
cossfu bidder % . pledge that Dr. WIZ s,ls
good Lis BID. win b. received on aff'nni w vi
amnuut 20 required On the acrepfarce ~ Do
Tho Special Mg.firs VIII receive rrf,
Of The Mercantile Trust COMPANY. IN I'd, ',y
New lofhs iNAf TT NflNr fIhfftH"N r-
lngi0n Division Mortgage bonds o. On
therein specified rhieci 20 ihe 0rlef -
party therein named. naf transferred "
party 10 the order Of saii Special htf.r-
lieu ~ such bonds with like fore anl flf H..
fou.h The bonds therein named BAD iHrA "
cred ~ usch Special Master
IN case any bidder shall fiil ~ ma-r ~
p0sif iiy said deereea r~uirsd nrYn arrrI
h. I'D the special Masters ~ D friheh'
offer the property for sale without fafihfi H
or advertisement. ,.r 81,
IN cnse any bidicr or purchaser shall
mike gpd Dis BID nron m acrepiln'f P ,r
Special Masters. or after such accrpiir l.,
fIil ~ comply with ANY order ~ me ''.l-
lating 10 the pqyment Thereof Or ihc eln.
iiOn ~ the purchase. then The snms % -
bonds deposited rs such purchaser VII ~
felfs-l as 4 penaiiy fGr sueh failure. nnl 80
applied toward the expenses o. - IA
towards making god any dencifnfT ~ ~.
case fbe property shall he sold m ~ fr-
than That bid az the prior sale II M. 80.
shall not confirm fhe sale TIE deposit sill -
turned m fhe hidirr The deposit refril M
any unsuccessful bidder shall le rriufh-i
wien the properly shall De- sfrfk down
rpm conlrma ION Of he salc by ne $3.50 -
purchaser shall mako such further i.l. -
payments IN cash On accGunf n Dr. rl - 80.
Court from time % time may direct 800