The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-11-18
LEGAL NOTICES.
NOTICE. OF FORECLOSURE SALE.

Court of the United States for the
Western District of North Carolina, filed
on the Tth 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
ancillary thereto, entered in II cause in
equity pending between the same parties
in 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 Mt 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 9th day
of November, 1896, ut 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 18th,
1892, 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 (122 53)
miles, and all extensions thereof and all
literal 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 ana superstructure 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 rs part Of
the said railroad, and MI 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 porate rights
| privileges and franchises of the said de-
| PENDANT Roanoke and Southern Railway
Company possessed on said last-mention-
cd 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 ap-
pertaining,and the reversions..and remain
ders, rents, issues and profits thereof, and
nj 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 ut 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 II certain equipment
lease known as 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 S15, 900
par value.
And subject also to the performance by
the purchaser, his Successors or assigns, of
all pending contracts in 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 lpt into rncSp SSiOu Of tho
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 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
i'll SAID DEGREES respectively contained. in
Guiding those in respect of (a) the snid
Receivers (b) claims against the said Re-
ceivers tc) claims against the Roanoke
and Southern Railway Company or the
Norfolk and Western Railroad Company
for unpaid Indebtedness or liability con-
tracted or incurred by 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
in equity to the mortgage of the said
Roanoke and Southern Railway Company
dated March 10th, 1892, for the foreclo-
sure of which said DEGREES were entered.
The Special Masters, as directed by the
DEGREES, will receive no bid from any one