The age-herald., 1897-09-14
Consolidated Cause in Equity.


 Consolidated Cause in Equity.
 Whereas, at a term of the circuit court of the United States for the northern dis trict of Georgia, held at the city of Atlanta, Ga, on the 23d day of January 1895, decree was entered in the above entitled suit fore closing the mortgage of the said defend ant, the Augusta Mining and Investment company mentioned and described in said complainants bill of complaint, in the cause last above entitled, which said decree was modified by an order of said court on Au- gust 2 1897, and, whereas, similar decrees of foreclosure were rendered between the same partes on bills in the circuit courts of the United States for the northern dis trict of Alabama and the southern divi- sion, and i'll the circuit court of the United States for the western district of Virginia, and the order of the United States cir cult court for the northern district of Geor- gia modifying said decree entered August States court for the northern district of Alabama and the western district of .Vir- erder dfd is adudeed and decreed that all the property now owned or here after. to be acquired by the said defendant the Augusta Mining and Investment com pany, situated in the states of Georgia, Alabama and Virginia and elsewhere, ana all its estate. right. title and equity of re- direction of C. W. Haslkins master conn missioner, and the proceeds of such sale ap- of foreclosure interest and costs, except decree. All of said property so ordered, scribed as follows: All and siil- gular the lands, real estate and real inter- gusta Mining and investment company, wherever situated. and in particular all the following described lands and real es- to-wit:
 1. A tract of land in Augusta county vir- containing about forty-five hundred O,50O acres, being the same land conveyed to the said Augusta Mining and Investment com bearing date 9th day of September. 1890.
 2 All the minerals and mining rights in and upon a certain tract of land situate. in Augusta county, Virginia, near Vesuvius Station, on the Shenandoah Valley rail- road, containing about three hundred and ing rights in and upon an undivided one half of certain other tract of land near the last, above. described parcel, containing (373) acres, being the same minerals and mining rights conveyed to said Augusta W. Shelton, by deed dated the 9th day of April, 1890 recorded in the office of the clerk of the Augusta county court, in the 1890. in deed book 1Oe, page PA.
 3. All the certain lands, real estate and states of Georea and ns Hsbsma Which m are ar date the sist day of July, 1890. executed Consolidated Mining company, the. Frog Mountain Iron company. stephen E. Noble, Frank Frank Fitch John Barton, F Fielding part, and the Augusta Mining and Invest ment company of the second part which said lands, real estate and mining rights, last mentioned are known as:
 la) The Frog Mountain tract, A.
 (b) The Donohue tract ;rss
 Co The Watson tract, s.Ih
 (d) The McKleroy- Watson tract, ,AsFs
 (e) The Treadway tract,
 (D The Sparks tract, all situate, lying and being in the county of containing. twelve hundred and seventy Q273 4s-1OO acres, more or less, and
 (g) The Alexander tract situate, lying and Alabama, containing = acres, more or less.
 M h) Tso The siaEs siimpson Iron ore tract,
 lD The State Line tract, I ali situate, lying and being in the county of Polk. state of Georgia; containing ten hun and the iron ore and mineral right in and upon the following named iron ore lands. Polk and state of Georgia. to-wit:
 CD The Green Ore Bank lands, containing eighty m TSs @ Ree aers ore more Bank oE ans contain ing two hundred and twenty (22O) acres, 'i'el en5 The t Wood Ore Bank lands, contain ing one hundred and twenty Q20) acres. more or less, together with all rights Of eSes ana sh1s wf propry of ey and description appurtenant to said land and mining rights, which are described as ing company by the deed last hereinbefore referred to, particularly al the & steam boil eps tram ears tram and raroSaas 6ar sledges, pumps pump. houses and water conductors. and all other mining tools in said deeds describedh together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or in any wise appertaining, and all the estate, ~ichf int sion, claim and demand whatsoever, as well as in law as in equity, of the said Augusta Mining and Investment company, of in and to the same in each and every part, tract and parcel thereof, with the ap- purtenances:
 and decreed that said master commissioner shall sell said property for cash in an en- tirety, and without appraisement or right of redemption at public auction to the highest and best bidder therefor at IF o'clock noon at Cedartown, county of Polk and state of Georgia on day to be named by the mas ter commissioner in his notice of sale; and whereas, it is further ordered, adjudged and besee above mentioned m @ Tom on August 9 is7, thai no. tice of the time and place of said sale shall be given by said master commissioner. by advertising the same once a week for at least four weeks prior to such sale. in the Cedartown Standard, newspaper published paiy i oN News. i newspaper published in '.- An- gusta county, Virginia, and in the Age Herald, a ,newspaper published in Bir; Bir; 
 newspapers having general circulation in the counties and A states t, S, where the property
 whereas, It is ordered in said modified decree of August 2, 1897, that in the sale of the property of the defendant corporation described in said decree and this adver- tisement, the master commissioner shall accept the highest bid offered, provided the same is accompanied by. a. certified check on some solvent bank satisfactory to the master commissioner, for the sum of twenty ,(2o,OoQ thousand dollars. payable to the order of said master commissioner: said certified check to be rendered by the bidder pr bidders to the master commis- such bid or bids. In the event such bid is rejected by the court when submitted for confirmation, said check shall be returned to the bidder. In the event the same is accepted and confirmed, said check is to be credited as part payment thereon. The balance of the purchase price of said prop erty in excess of the deposit of twenty thousand ($20.00W dollars shall be paid by the purchaser or purchasers to the master commissioner within thirty (30) days from the confirmation of the sale by the court, and it is further ordered by the court in