The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1896-11-12
Receivers Sale.

S. H. Phelan. ct. al VS.. The Atlanta
i Dairy Company Fulton County Supe-
rior Court. No. 1878, Fall Term, 1896.
BIZ! for Receiver and other relief. IL ac>
cordarce with an order of the Hon. j. r.
Lumpkin, Judge of the Superior Court of
the Atlanta Circuit, made in the above
entitled suit on November end, 1896, the
undersigned as receiver in said suit will,
on the first day OF December, 1896, (being
tae first Tuesday, at 10 o'clock, a. m, sell
at public outcry to the highest bidder,
! before the court house door in Marietta,
Cobb county, Georgia, the following
property OF said defendant, to wit: (a)
Three shares Of stock in the Marietta
Creamery Company, of the par value OF
$500 co. (b) The interest of the defeEd>
ant in twenty-five promiscry notes of
one hundred dollars each made by j. NJ.
Cobgurn TO the defendant, one falling due
on the 10Th day of each consecutive
month, commencing with December,
1898. Said notes are secured by certain
land situated in Cobb county, Georgia,
and are in the possession of the Marietta
Trust & Banking Company, which COM
pany has prior lien on said land for the
payment of So, 10000 owing to it by said
Cogburn Said twenty-five promissory
notes were by the defendant transferred
to W. H. Harlan and J. E. Webster,
Executors of the estate Of E. H. Webster,
deceased, as collateral security for the pay
ment of S., $4,000 note made to them by
the defendant. Said Marietta Trust &
Banking Company hold said notes as COLI
lateral security for said Executors. (c)
An equity in the following real estate,
to wit: All that tract or parcel OF land
lying and being in the 10th district and
End section of Cobb county, Georgia, and
more particularly described as follows; all
of land lots no, III, 730, and the west +!
of land lot 731; also that part of land lots
791, 1882, 803 and S04, bounded by line
described as follows: Commencing at the
northwest corner OF said land lot 1882 and
runningsorth along the west boundary line
thereof to point 10 $40 poles north OF
the southwest corner of said land lot SOB;
thence east 80 poles; thence south so de-
grees east 1877 $40 poles to the Canton
road; thence north 81 degrees east along
the Canton road to the east boundary of
land lot S04; thence north along the east
boundary OF land lots 904 and 781 to the
northwest corner of land lot ISL; thence
west along the north boundary of land
AOto dO4 oAO dO@ W lAO poAAb VA uCSluAlAS
the whole of said tract containing 232
acres. more OF less. The title to the
above described tract of land was convey
ed by the defendant to W. H. Harlan and
]. E. Webster, Executors of the estate of
E. H. Webster, deceased, by deed record
ed in Deed Book gu" page 491 of the
Land Records of Cobb county, Georgia, to
secure the payment Of promisory note of
S., $4,000 with interest from December
18th, 1895 at per cent. There is credit
on said note made November End, 1896 of
81, $50 GO.
Said three shares of Creamery stock will
6e sold separately; the interest Of. the de-
PENDANT in said twenty-five promisory
notes will be sold as one item and separ>
ately from said creamery stock and said
equity in said land; the equity of the de-
PENDANT in the above described land will
be sold separately and as whole. Terms
of sale cash on acceptance Of bid The
sale will be subject to confirmation or re-
lection by the Court in Chambers at $50
O'Clock, a. m, December End, 1896. This
November end, 1896.
EDMOND SCOTT, Receiver.