Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1896-08-12

In Circuit Court. Y
State of South Carolina vs. Port
Royal & Augusta Railway Com
pany-Henry B. King ct al, vs.,
Port Royal and Augusta Rail
way Company ct al Robert M.
Ogden, vs. Port Royal & Angus
ia Railway Company ct al.
| DUSUANT to an order of sale, made
on the 18th day of March, A. D.,
1896. in the above entitled cause, by
His Honor, James Aldrich, Judge OF
the Second Judicial Circuit; also IN
pursuance of an order of sale likewise
made in said causes, by his Honor,
Judge Simonton, Circuit Judge of the
United States, filed the 22d day of
June, 1896, will sell before the main
door of the passenger station at Beau
fort, in the State of South Carolina,
for cash, and as an entirety, at public
outcry, to the highest bidder, on the
first Tuesday in September next, the
same being the first day of the said
month, and regular salesday, at
twelve o'clock, noon of said day, the fol-
lowlowing described property, to wit:
All and singular the railway of the
party of the first part, the Port Royal
q Augusta Railway Company, situate
and located between the City of Port
Royal, in the State of South Carolina
and the CITY of Augusta, in the State
of Georgia; and also all the lands,
tenements and hereditaments acquired
or appropriated for the purpose of a
right of way for said railwaw, and all
the easements and appurtenances
thereunto belonging or in any wise
appertaining; and all the railways,
ways and rights-of-way, depots,
grounds aud other lands; all wherries,
tracks, bridges, viaducts, culverts,
fences, and other structures; ali de-
pots, station-houses, engine houses,
car-houses, freight-houses, wood
houses, warehouses, machine shops,
workshops, elevators superstrucures,
erections and fixtures, wheth er
now held, or hereafter at. any time
to be acquired for the use of said rail-
way, and lying and being in the coun-
ties of Beaufort, Hampton (formerly
part of Beaufort county, Barnwen
and Edgefield, in the State of South
Carolina, and in the county of Rich
er with all locomotives, tenders, cars
and other rolling stock or equipments,
and all machinery, tools, implements,
fuel and material, for the construct
ing, operating, or replacing said rail-
way or any part thereof, or convent
ent or necessary for use in connection
Herewith together with all the fran
chises connected with or relating to
the said railway, or the construction,
maintenance or use thereof, now held
or hereafter to be acquired by the par
ty to the first part, said Port Royal &
Augusta Railway Company; and all
corporate franchises of any nature, in
cluding the franchise to be corpora
tion, which are now, or may hereafter
be possessed or exercised by the
party of the first part, together
with all and singular the endow-
ments, increase and advantages to
the above mentioned land, railways,
franchises, or property belonging to
or in any way appertaining; and the
reversiOn and reversiOns, remainder
and remainders, tolls, increases, rents,
issues, and profits thereof, and also all
the estate, right, title, interest, proper
ty, possessions, claims and demands
whatsoever as we'll in law as in equi-
ty, present or prospective, of the said
party of the first part, the said Port
Royal u Augusta Railway Company,
in and to the same, and any part and
parcel thereof, with the appurten-
ances; also all the income, rents, issues
and profits of the said railway and
other property, and of the use and op-
eratien thereof, together with all the
equipments, material on hand and 9TH
er property purchased by and under
the possession of Mr.. John Fl. Averill,
Receiver, that are now or may be at
the time of the sale in the possession
of the said Receiver for use in connec-
tion with the operation of the railway,
in the charge of the said Receiver, in
fcluding engines and cars bought un-
der lease or trust contracts, and all the
title, estate, interest, and equity of re-
demption of the said Port Royal &
Augusta Rail way Company and its
stockholders and members, and each
and all the several parties to this &C
tion, and of all persons represented by
any party to this suit, in and to the
said premises, property assets. and
franchises of the said Port Royal {;
Augusta Railway Company and part
and parcel thereof.
Reference being had to the DEGREES
in the causes above entitled and refer
red to now on file in the office of the
Clerk Of the Court of Common Pleas,
at Beaufort, S. c., and in the office OF
the Clerk of the Circuit Court of the
United States, at Charleston, S. c., the
particulars will more fully appear.
TERMS, CAsH.-The same to be paid
in such manner, at such time, and on
such day, as the Court shall direct,
upon report of the sale so made being
submitted to it for confirmation; pro-
vided that the purchaser, in payment
of his accepted bid. may turn into the
Master, in lieu of cash, any Receivers
certificates, bonds, coupons, or other
claims, adjudged to be payable out of
the proceeds of the premises herein di-
rected to be sold. The same to be re-
Geived, and the bidder to be credited
therefor in accordance with the terms
of the DEGREES hereinabove referred to,
and in pursuance to which this sale is
to be msIde. Each bidder will be re-