The Roanoke daily times. (Roanoke, Va.) 1895-1897, 1896-10-23
LEGAL NOTICES.


Western Districj of North Carolina. filed
on the 18th day Ct October, 1885, in GER
tain cause i'll equity pending in said
Court, entitled The Mercantile Trust and
deposit Company of Baltimore, Trustee,
Complainant, IS the Roanoke and
Southern Railroad Company, and the
Norfolk and Western Railroad Company,
Defendants, and certain other decree
ancillary thereto, entered in n cause in
equity pending between the same parties
In the Circuit Court of the United States
for the Western District of Virginia,
we, 81. h. Bowden and Charles Sharp,
as Special Masters, will sell at public
auction, to the highest bidder or bidders,
ut the passenger station upon the railroad
of the Roanoke and Southern Railway
Company at Winston, Forsyth County.
North Carolina cn Tuesday, the 9th day
OF November, 1886, at two o'clock in the
afternoon, the milroads, 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 10th.
1917, or thereafter constructed, extending
from the city OF Roanoke, in the State of
Virginia, and summing 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 tree huudredths u22. 53)
miles, and all extensions thereof, and all
lateral 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, the superstructure and tracks
thereon, and al stations, depots and shop
grounds, yards and other grounds used
i'll the operation of the said railroad, and
all rails, railways, tracks, sdings,
switches, bridges, fences, turn tables,
water tanks, vladucts, 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 all the real and per-
sonal estate owned on March 10Th, 1892,
or thereafter acquired and used rs part of
said railroad
Together with all the corporate rights,
privileges and franchises of the said de-
PENDANT Roanoke and Southern Railway
Company possessed on said last-mention-
ell 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, hereditaments and
appurtenances whatsoever unto any OF
said premises and estate belonging or an
pertaining, and the reversions..and remain,
ders, rents issues and profits thereof, and
all the estate, right, title, interest, prop
crty, 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 IL certain equipment
lease known rs the Roanoke and Southern
Equipment Trust Series y, dated the 18th
day of December, 1891, under which there
are now outstanding and unpaid certif-
Gates to the aggregate amount of $15, 600
par value.
And subject also to the performance by
the purchaser, his successor or assigns, of
all pending contracts in respect of said
railroad property and franchi ses 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 rs an entirety.
The purchaser cf said railroad, property
and franchises, his successors or assigns,
upon payment of the purchase price bid
l.;
as the court shall approve for the pay
ment thereof, will receive conveyance of
and be let into possession of the premises
conveyed, including all net income and
other property received by the Receivers
of the 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
crn Railway Company appurLenant to
said premises or acquired for use in con
nection with or for the purpose of said
railroad and property.
The said sale will be made subject, and
reference is hereby made, to the terms.
conditions, reservations and obligations
in said DEGREES respectively contained, in
Guiding those in respect of (a) the said
Receivers. tb) claims against the said Re
ceivers. (cj 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 i'll the operation
of the railroad and property sold, which
may be adjudged prior in lien or superior
in equity 10 the mortgage of the said
Roanoke and Southern Railway Company
dated March 10th, 1892, for the foreclo-