The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1896-04-30
Commissioners Sale
OF THE
Marietta & North Geor-
gia Railway.

| SiS< tAoII " O1s
Under and by virtue OF Decree Of Foreelosnre
ana sale rendered by the Circuit Court of tbe
unItHd States for the Northern District of George
on the 18th day of May, 1898. and thereafter Inv
me circuit Court Of the United States for the
Eastern District OF Tennessee, Northern Division
ana the Circuit Court of the United States for The
western District OF North Carolina in equity
causes wherein the Central Trust COMPANY al
rev 1orK ana the Boston Safe Deposit and Trust
company, are coRplainantS, and Marietta 4 North
georgia Railway Company and others are dc.
le9ndants, being consolidated causes Nos $50 and
~ III the circuit court OF the UnitedStates for the
! northern District OF Georgia and by virtue of an
9rder or decree passed by the Circuit Court of the
Ohtteu olates lor the Northern District of Georgia
| on the 2Uth day of June, 1893, and ratified and
adopted be the aforesaid Circuit Courts of the
united states for the Eastern District of Tennes-
see, ana western District Of North Carolina; and
| aiso ny virtue OF DEGREES OF the Circuit Court of
OF the United States for the Eastern District of
tennessee, Northern Division, as of 10Th day of
| May, 1898. which was ratified and adopted by the
| circuit Court OF the United States for the North
ern District OF Georgia by its decree of 4th June
| 1879. ana which said last referred to decree was
slterWards ratified and adopted by said Circuit
Court OF the United States for the Eastern District
| OF tennessee, Northern Division and also by vir-
Iue oil decree OF the circuit court of the United
states Tor the Northern district of Georgia, made
on the 10th day of October. 1895, which said last
mentioned decree was ratified and adopted by de-
crees OF the circuit court of the United Stases for
the Eastern District of Tennessee, northern divis-
ION, and the circuit court of the United States for
| the western district OF North Carolina, and by
VI ueCTee OF court OF the United
states Tor the Northern District OF Georgia. passed
| on the 14th day of March, 1896 ordering a resale
Oh SAID property, and which last mentioned decree
was ratified aud adopted by the circuit courts of the
United States for the Eastern District of Tennes-
! see, Northern Division, and the Western District
| OF North Carolina, we. Robert j. Lowry, and H.
| H. Taylor, the undeIsg ned special commissioners
shall proceed to offer public sale to the highest
bidder or bidders, all and singular the corporate
property and franchises OF said Marietta & North
Georgia Railway Company, the line of railway ex-
tending from the town oil Marietta, in Cobb coun-
~, Georgia, through the counties of Cobb Chero-
| kee, Pickens Gilmer and Fannin to the town of
! Blue Ridge, in Fannin county, Georgia, and
| thence on to the city OF Knoxville, in Knox coun-
! ty, Tennessee, through the counties of Polk Nc
Min. Monroe, Loudon, Blount and Knox, being
total distance OF about EOS miles from Marietta
/ to knoxville, being standard guage road, and
about 1851 miles lying in the State of Georgia and
ABOUT lO93l miIes lying in the State of Tennessee
and also the further line of said railroad, being
marrow guage road, extending from the towr of
Blue Ridge, in Fannin county, Ga, to Murphy,
IN Cherokee county, North Carolina, distance
OF about % miles, there being about IL 81 mesiin
| the State of Georgia OF this narrow guage road
and about II 40 miles in the State OF North Caro-
ina; together with all and singular the property
and estate OF said company of every kind, real
| personal or mixed, whether within or outside the
| location of said railway and however acquired
and all other lands station houses, bridges build
| lngs, hxtures and the equipment, rolling stock
machinery, tools, implements and furniture what
ever connected with or belonging to the said line
OF railway and also all rights, privileges, franchis-
es leases, contracts chooses in action and similar
property, whether.le or equitable belonging to
said Marietta North Georgia Railway Company
or to which it is in any way entitled and also all
right, title claim, interest and demand of the
| said Marietta & North Georgia Railway Company
in and to the line of telegraph upon its right of
way.
Said property to be offered for sale as follows,
| towit:
! /. Said H. II. Taylor, special commissioner.
shall at ii O'Clock Il. on Thursday the 23d day
OF April 1S96,at the southern end of the approach.
es OF the bridge the Tennessee river at Knoxs
vile, in Knox county, Tennessee, proceed to sell
the following described portion OF said Marietta
| North Georgia Railway
| la) That portion of said standard guage road
| lying in the State OF Tennessee and extending
| from the State line between Georgia and Teunes-
| see to the city OF Knoxville distance of about
109.31 miles, exclusive OF the bridge and its an
proaches and the track laid upon right of way ac-
quired by said Receiver over the Tennessee river
| and exclusive of all rolling stock and equipment
| shall be sold as one parcel at a minimum or upset
price OF S245 900, and no bid for less sum shall
1 be received and that a deposit in cash or certi-
| fed check shall be made with the special commits
sioner at the time OF sale in the sum of S35 900.
(b) The said bridge over the Tennessee river at
knoxville, its approaches and tracks laid in con-
| nection Herewith shall be by said II. Ii. TAYLOR
special commissioner Offered for sale in one parcel
at minimum or upset price OF S4O,OOO and at the
time OF sale there shall be paid in cash certified
check to said special commissioner making the
sale OF said bridge and its approaches the sum eli
| $1,000.
After offering the broad guage road in Tenness-
see, and the bridge and its approaches separately
said II. II. Taylor special commissioner shall
then offer for sale the two pieces of property Joint
ly, requiring deposit of $4,000 from bidders
on the property entirety, but he can accent
no bid for the two jointly which is less than tie
sum OF the bids Tor the two when offered separate
2. After making the sale of the said above set
forth portions of said Marietta & North Georgia
Railway lying in the state of Tennessee as afore-
said said II. H. Taylor shall then proceed and be
at Marietta, in the county Of Cobb in the state of
Georgia, at II o'clock a, IN. on Saturday the 25th
day OF April, 1896, to take part in the sale of the
| remaining portions of said Marietta and North
Georgia Railway as follows:
Robert J. LOwrey special commissioner shall on
Saturday the 25th day of April, 1896 at il O'Clock
A. proceed to offer at public sale to the highest
bidder or bidders on the premises at the passen-
ger depot or station of said Marietta and North
I Georgia Railway, in the town of Marietta, in Cobb
| county, Georgia, the following described property:
(a) Said Robert J. Lowry, special commissions
| er, shall offer for sale as separate parcel the
broad gauge road lying in the State of Georgia and
/ extending from Marietta via Blue Ridge to the
Tennessee State line, distance of about CSC
| miles, together with all the broad gauge rolling
stock and equipment OF every kind and character
| belonging to said Marietta & North Georgia Rails
way, at a minimum or upset price of $500 900, of
which sum there shall be paid in cash or certified
check at the time of sale to said Special Com
| missioner the sum OF 500, 900.
(b) There shall then be offered by Robert j.
| Lowry, special commissioner, as one parcel the
| marrow gauge road extending from Blue Ridge in
| the State of Georgia to the State line between
] Georgia and North CarOlina,a distance of about
lOl together WIN all narrow gauge rolling
| stock and equipment belonging to said Marietta L
| North Georgia Railway Company, at minimum
or upset price of $4,000, OF which sum there shall
| be paid in cash or certified check at the time of
| sale to said Special commissioner $780,
| icy There shall then be offered by Robert 7
! Lowry, special commissioner, as one parcel the
| narrow gauge road lying in the State of North
J Caroline extending from the State line between
| Georgia and North Carolina a distance of about
| 12,49 miles, at a minimum or upset price of $40,
| 900, and there shall be paid in cash or certified
| check at the time OF sale to said Special Commits
siOner the sum OF 81 ,0C0.
| There shall then be offered by said Robert !
| Lowry, special commissioner, as an entirety the
three said parcels of property, towit: The broad
| gauge road with its equi pment lying in the state
| OF Georgia; the narrow guage with its equipment
| lying in the state of Georgia; end the narrow
guage road lying in he state of North Carolina at
| the minimum or upset price of S4l5 900, and no
bid shall be received for said three parcels of prop
erty offered together for less sum than S415 600
and deposit of So, 800 shall be required from
| those bidding on said property as an entirety
8. Then the whole of said standard guage and
| narrow guage road and appurtanent property w.
ing in the states OF Georgia, Tennessee and North
Carolina, together with the rolling stock and
equipment, will be offered for sale as an entirety
| by Robert J. Lowry and H. H. Taylor special COM
| missioners and no bid will be received except for
a sum greater than the aggregate amount OF the