The Durham recorder. [volume] (Durham, N.C.) 1879-19??, 1896-09-17
notice or FORECLOSURE sALB.-LYNcn-


Notice is hereby given that, pursuant to the de-
cree Of foreclosure and sale made and entered Ds
the Circuit Court Of the United states Tor the taa
Western District OF Virginia On June 10Th, 1870;
in Certain cause in equity pending IN SAID
Court entitled The Mercantile Trust Company
complainant against the Lynehpurg and durham
Railroad Company and the Norfolk and Western
Railroad Company defendants, and = eei IN
other decree anciilary thereto, dated July sth.
1896 In cause pending between the said parties
in the Circuit Court Of the Unlted States ior the
Eastern District Of North Carolina, -
We, q. f. Bowden aid Charles Sharp, as Spe-
clal Masters, will sell at public auction 70 the
highest bidder or bidders at the passenger station
upon the railroad Of the Lynchburg and Durham
Railroad Company, at Lynchhurg, Virginia,
day, the 10th day OF september, 1896, at
three o'clock In the afternoon, the railroad, prop
erly, rights, privileges and franchises nentoned
IN the said DEGREES and described as follows;
All and singular the line of railroad of the
Lynchhurg and Durham Railroad Company con.
structed on the first day OF January, 1870, AMI
thereafter constructed extending from the Clty
of Lynchhnrg, in the County Of Campbell and
State OF Virginia, through the Counties OF Camp
bell and Halifax, in the State OF virginia, and
the Counties of Person and Durham. IN the state
OF North Carolina, TO the Town Of Durham, in
said County of Durham and state of North caro-
lima, distance Of about one hundred and thirteen
miles, and all extensions and branch lines there
Of including the right Of way for said lines, ex-
tensions and branch lines, the roadbed thereof.
the superstrueture and tracks thereon, and all
station, depot and shop grounds yards and other
grounds used In the operation OF said lines, ex-
tensions and branch lines, and all rclls Railways
tracks, sidings, switches, bridges fences, turn
tables, water tanks, yaducts, culverts, main
passenger and other depnts, station houses.
freight houses machine shops, docks and all
other structures, buildings and fixtures wlmtso-
ever, acquired for the use and operation thereof:
aud all the motive power, rolling stock. railroad
equipment, machinery, tools, implements, fueI
Railroad Company and all other property owned
or acquired by the said Iynchburg and Durham
Railroad Company for use In the operation Of said
nd.
And all the corporate rights, privileges anu
franchises possessed on January list, ls,D: or
thereafter acquired ny the Lynchburg anu Dur
lam Railroad Company
And all the streets. ways, passages. waters,
water-cOurses, easements, rights, liberties, priv
ileges, hereditaments and appurtenances whats0-
ever. unto any Of the said premises and estates
belonging or appertaining, and the reversiOns and
remainders rents. issues and profits thereof, and
all the estate, right, title, interest, property
claim and demand of every nature and kind what
sOeypr 0f the said Iynehburg and Durham Rail-
road Company at said aforementioned date owned
and possessed or thereafter acquired, as well At
law as In equity, Of, In and TO the same AMI
every part and parcel thereof,
Subject to the performance by the purchaser or
his successors assigns, of all pending contracts
in respect OF said railroad, property and fran
chises lawfully made by the Receivers OF SAID
1Hnchhurg and Durham Railroad Company before
As provided hy said DEGREES, said railroad. prop
ery and franchises will be offered for sale as an
entirety.
The purchaser OF sail railroad, property 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 convey
ance Of and be let into possession of the premf-
ses conveyed. including all net income and other
property received by the Receivers OF said
Iynchbnrg and Durham Railroad Company IN
the management or operation of the mOrtgaged
premises embraced In the conveyance to such
purchaser, or pertaining thereto: and the pur-
chaser OF said railroad, property and franchises.
his successors assigns. shall also receive con-
Lynchtnrg and Durham RallrOad Company ap-
purtenant to said premises or acquired for use
In connection with or for the purposes OF said
railroad aud property =
The said sale viii be made subject. and refer
ence Is hereby made, to the terms, conditions.
reservations and obligations In said DEGREES re-
spectyely contained, including those in respect
Of ial the said Receivers. o. claims against the
said Receivers, tcl claims against the Lynehhurg
and Durham Railroad Company or the Norfolk
and Western Railroad Company for unpaih indeht-
ednesi or liabilities contracted or incurred by
said Railroad Companies or either Of them. IL
the operation Of the railroad and property s9ld
which may be ndjudged prior 10 Hen or superior
in equity 10 the mortgage Of the said Lynchburg
and Durham Railroad Company dated January
1st, 1890. for the ore'loslre OF which said de-
The Special Masters. as directed by the DEGREES
will receive no bid from any one Offering TO DID
for the rail oad, property and franchises anoy S,
make good his bid. ln case Of JIG acceptance,
first have deposited with the Special Masters the
W
mon any National Rank or Trust Company In Tho
City Of Nes York, or SlO0,OOO par value Of TINS
bonds secured by said mortgage dated January
Tpon acceptance Of any hid the purchaser shall
forthwith deposit with said Special Masters ths
sum of 5000 In cash, or by certified check uiot
any National Rank Trust Company In the city
Of New York, or S2le.Oo0 par valne of the bond
secured by said mortgage: hut any cash or h'h 4,
which may have been previously dei3slted 3!
the successful bidder rs a pledge that he woula
make good bis lid. viii he received on account 2
the alNount so required on the acceptance Of hi
The spaeisl Masters will receive a certtfeat,
of Tie NerrnIitie Trust Company, In the Glty 2
New York. that II holds lOnds issued under SAT-
iIereIR speeaed subject 60 the order Of the partl
therein Named anil transferred by such party \.
Tire order ~ said Special Masters. in lien Of sci
bands with like force and effect as though IN,
bonds therein named had been delivered to sicl
IN Sase any bidder shall fail to make the de-
pnsit ny said cecrees required upon acceptance y
I'M RIA the Special Masters win forthwith agaif
offer the property for sale without further hote'
or advertisement. a., =.
make good his bid upon iis acceptance ~ tn ,,
Special Masters. or after such acceptance shal
fan 90 comply With any order o. ~, w Sorr
tiOn % the purchase. then the sums in siish "
banilE deposited by snch purchaser VIII ~ ~, ~ ~
feitea as penalty for such Ialisrt, .ns,ie AMI
| towards making good any deficiency or loss "
case the property shall be sold az y price less
than that nd nj the prior sale. ~ the .ear'
shall NOT confirm the sale The depnsitswll " ~
turned 10 the bidder. The deposit reeelfeu IEuul
| any unsuccessful bidder shall BE- retnrned 70
| rim when the property shall be struck hoWh:
| I'nJn confirmation II the sale By the CDnrt tne
| rnrthasar shall make such further payment nl
| faymrutE IN cash On account OF MS uin - w
| c5urt fr1m time tastime may direct. Inc WI,
| chaser may satisfy and make gold any paft "
his bld not required 20 b. Taid 10 easn ~ a H. H.
Ing IN TO he cancelled or crtsilted. ~ " san w
/ sTees proviipd nny Of said bands issued uh1sl
said MORTGAGE dated January ist. lsn ~ go. 80,
,.,ss. All s5rb furrhaSer shall he credited tere.
| Tor IN account IN his bid with such sums As
| would no payahie on snch bonds ami c0ilpots ~
az thT fnrehase price, ~ the whole am0nnt ths. ~
| nf had heen raid IN cash The Courf reserves w
right 10 resell such raiir1nd, property aii iil
| rbises upGn such notice ~ the toirt shau huts.
N faae tie purchaser thereof shall fall 90 ol1i,
Il o. make any payment IN aeonnt ~ ny uh.,an,
| balance ~ ths purrhase prize within thirty DAYS
| after the entry Of an order requiring sueh pay
neni 49,
For the rnrrose n enforcing the provisions y
The decree, Jurisdiction of the cause v rrtntnsstl
~ the Caurt. which retains the right ~ rtiakf
and reseil said property In case surl purchaser,
or his Successors OF assigns shail fail 20 rninfay
with any order o. Tire CURT IN rpspect 70 nc
payment 81 anv such prior indrhtel tness or va.
Utilities within thirty days after serSire OF sopy
The speFiai Masters VIII aren't m BID ~ loss
| than The sum ~ i've hundred thousand dollars
| For further rartirnlars rPferrnNe y made 70 tne
ah1vr. mentioned darrpes % said Courts.
INV" '''' sun a. r. PnwnFy.
CHARLES gHAHp.-@
0i-s sfi,s - fs.,yi,tp,Bt The Nerranffis