Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1896-09-01
NOTICE OF FoREnosURR sAIE.-NoRForK

western District OF Virginia on June 18th. 1896.
in said Court, entitled The Fidelity Insurance,
Trust and SAFE Deposit Company and The Aer-
Norfoik and Western Railroad Company de-
PENDANT. and certain deerees ancillary thereto,
cire1If Courts Of the United States Tor the foi-
lowing districts. entered: on June 9Th, 1876, in
1896, in the District Of Maryland.
We; G. E BoTden and Charles sharp, as SPe-
highest bidder or bidders; at the passenger sta
Ion uIon ne I4llnoau . eMs NoIIoAA ~ H-, 81
Wednesday, the 10Th day of september,
rrSss1s' prop & rIehts. priViieges and fran
elises mentioned in the said decree and described
An and singular the railroad OF the Norfolk
and Western Railroad Company formerly OF the
ously OF the Shenandoah VALLEY Railroad Com
towTn. in washIn=ton County. in the State Of Ma
ryland, and extending thence through Washing-
on the Potomac River. Ut II near Shepherdstown
and through the Counties OF Clarke, Warren,
Virginia, TO a point OF Intersection with the
Chesapeake and Ohio Railroad st Basic. At or
extending through the Counties of Augusta. Rock
bridge. Botetourt and Roanoke. in said State. TO
folk and Western Railroad at Roanoke. run
ming from Norfolk westerly, together with
scribed. , including the Rorer Iron Company
Branch. the Roanoke Stockyards Branch. the
Branch. the Chesapeake and Ohio Connection at
Loeb Laird. the Pelter Mine Branch. the Mine
Lipsccmb Branch. the Chesapeake and Ohio Con
nandoah ore Branch, the Virginia. Midland Con-
nection. the Carson Lime Kiln Branch and the
Baltimore and Ohio Congestion. making together
about 257.o miles OF single-traek railroad. to-
Eether with al branches, sidines aud other ap-
tolls. incomes. rents, issues and profits thereof.
fixtures, rolling stock. machinery. tools and
equipments. and all other personal property
1 t6fi7oad. Os snd anso G the a ERePSdrsion and 70 re TeG oaaa
remainder and Femainders, and all the estate
claim and demand whatSoeyeE, as well at law as
Company in or to the said railroad. property,
franchises. rights, powers and privileges, and to
singular all the railroad and other property. real.
personal and mixed, and all chartered rights,
longing TO the Washington and Western Rail;
road Company; r and alS0 q in or %H @seS Si9 Il eoPne an
tion with the line Of railroads neguired by the
from the Shenandoah Valley hallway Company;
md all extensions of the said line OF railroads,
4 abera am s acg1iPed q the NorfoII and western
Railroad Company after December 10. 1890. by
proceeds of any of the bonds issued under the
MORTGAGE or deed Of trust Of the NoT + Mana ~
land and Washington Division Mortgage, dated
Also all railroads. railways, ways, rights of
way. roadbcd and grade. and all station; depot
and to be used in the operation OF the said lines
OF railroad above mentionsd or de SeEd1el' q }sa,e an
turntables, water tanks. viaduct5, culTerts, nam
freirht houses. machine shops. docks and eli
other structures. buildings and fixtures whatso-
e ener to oge : / With 1T All All the the Tailing stocE' maehine,,
Tyi TOOLS, mmple emg fuel aTS ,i maseT'aHS SS S y nRe
owned or acquired for constructing, maintaining,
said lines OF railroad and their appnrtennnces,
or any part thereof; and all .he real and per
or thereafter acquired and used for the operation
Together with all the corporate rights. privi-
Ieges and franchises OF the said Norfolk and
See is. 1850 sSiir Sq tb TG% 4 ACQUIRED SIsfirsGsa r rel to
the said railroads and branches. including said
struction, maintenance. use ard enjoyment OF the
said lines OF railroad and property.
And all the streets. ways. passages. waters,
water-cOurses, easements. rights, liberties. priv
iIeGes, Entertainments and appurtenances whatso-
ever unto any of the hereinbefore mentioned
premises and estates belonging or appertalnins.
and profits thereof. and all the estate. right.
title, interest, property, claim and demand OF
Norfolk and Western Railroad Company owned
and possessed on said aforementioned date, or
every part and parcel thereof.
Subject to the performance by the purchaser.
or his SUCCESSORS or assigns, OF all pending con-
tracts in respect OF said railroads, properties and
franchises lawfully made by the Receivers OF
the Norfolk and Western Railroad Company be-
As provided by said DEGREES, said railroads,
properties and franchises will be offered for sale
as an entirety.
The purchaser OF said railroads, properties and
franchises, his successors or assigns, upon pay
ment of the purchase price bid therefor. or
upon making such provision as the Court shall
approve for the payment thereof shall 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 Railroad Company in the management
braced in the Conveyance to such purchaser:
or pertaining thereto; and the purchaser OF said
railroads, properties and franchises, his success
sors or assigns. shall also receive eonyeyanee OF
any and all property OF the said Railroad Com
for use in connection with or for the purposes OF
said railroads and properties, except rolling
stock acquired with the proceeds Of Receivers
The said sale will be made subject. and refer
reservations and obligations in said several de-
crees respectively contained. including those in
respect Of (D the said Receivers, tbD claims
against the said Receivers, t) claims against
the said Railroad Company for unpaid indebted;
roads and properties sold witch NAV be ad-
judged prior in lien or superior in equity to said
Maryland and Washington Division Mortgage
crees. Will receive no bid from any one Offering
TO bid for the railroads, properties and fran
pledge that he will make good his hid, in case
OF its acceptance, first have deposited. with the
Special Masters the sum Of 100000 in money.
Trust Company In the City OF New York, or
Maryland and Washington Division Mortgage.
IBon accGGpianGe Of any 81, bId the purchaser sh9n
sum OF S25o:OOo in cash. or 10y certified check
upon any National Bank or Trust Company in the
City of New York. or $4,000 par value Of the
bonds secured by said Maryland and Washington
Division Mortgage. but any cash or bonds which
may have been previously deposited by the sue
cessful bidder as 4 pledge that he would make
good his bid, VIII be received on account of the
amount so required on the acceptance OF his bid
The Special Masters VIII receive n certificate
of The Mercantile Trust Company, In the City OF
New York. that 1t holds Maryland and Wash
ington Division Mortgage bonds to an amount
therein specified. subject TO the order Of the
party therein named. and transferred 10y such
party TO the order of said Special Masters. In
lieu Of such bonds with like force and eject as
though the bonds therein named had been deliv-
cred to such Special Masters.
In case any bidder shall fail to make the de-
poait by said DEGREES required upon acceptance OF
his bid, the Special Masters will forthwith again
offer the property for sale without further notice
IN case any bidder or purchaser shall fail to
make good his bid upon its acceptance by the
fail 10 comply with any order OF the Court re-
lGfing to the payment thereof or the consumma-
feited as I penalty for such failure. and viii be
applied toward the expenses OF Il resale and
case the property shall be sold at n price less
than that bid at the prior gale II the Court
SHAH not confirm the sale the deposit shall ne re-
turned TO The bidder. The deposit received from
any unsuccessful bidder shall lie returned to him
when the property shall he struck down.
Epon confirmation OF the sale by the Court the
purchaser shall make such further payment or
navments in cash on account OF HIS bid as the
Court from time to time may direct. The pur-
chaser may satisfy and make good any part OF
HIS btf not required 10 be paid in cash by turn
crces provided. any of said Maryland and Wash
iugsuu Division MORTGAGE bonds or coupons; and
count Of his bid with such sums rs would be pay
allie On such hnnds and coupons out Of the pur-
heen paid In cash The Court reserves the right
to resell said railroads. properties and franchises
upon -uch notice as the Court SHAH direct IN
case the purchaser thereof shall fail or omit to
make any payment on account Of any unpaid bal