The age-herald., 1897-09-07

such as is otherwise provided for in said decree All of said property so ordered. scribed as follows: All and sil,- gular the lands, real estate and real inter- est and personal property Of the said Alt wherever situated and in particular al the following described lands and real es- tate, mining rights and personal property,
 l. A tract of land in Augusta county, vir- ginia, known as the Kennedy Furnace tract, containing about forty-five hundred H,59o) acres, being the same land conveyed to the said Augusta Mining and Investment com, bearing date Sth day of September, 1S90
 2. All the minerals and mining rights in and upon certain tract of land situate in Station. HS9a on 'f5e the shenandoah Valley rai road containing about three hundred and fifty t35O) acres; and all minerals and min half of certain other tract of land near the last above described parcel, containing about three hundred and seventy-threee mining rights conveyed to said Augusta Mining and Investment company by Thomas ". Shelton, by deed dated the 9th day of April, 1Sa0 recorded in the office of the clerk of the Augusta county court. in the state ta of Virginia on no the 1ith day of May
 g. All the certain lands, real estate and ores, and mineral rights, situated in the states, of Georgia and Alabama. which are date the 91st day of July, 1S90 executed and delivered by the Georgia and Alabama Mountain l1 Iron sr company. s stephen E. Noble Frank Fitch John K. Barton, r. Fielding Fitch, and Charlton G. Smith, of the first 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:
 (a) The Frog Mountain tract,
 (b) The Donohue tract,
 Co The Watson tract, 1T IT
 (d) The McKleroy-Watson tract,
 te) The Treadway tract,
 (0 The Sparks tract,
 all stuate, lying and being in the county of Cherokee, and state of Alabama, together containing twelve hundred and seventy three 1re 70 and and forty-nine one hundredths Q27S 49-100) acres. more or less, and
 (g) The Alexander tract situate, lying and being in the county of Cleburne, state of Alabama, containing - acres, more or
 (h) The Simpson Iron ore tract,
 d) The Bigelow tract, and
 Qk) The State Line tract,
 all situate, lying and being in the county of Polk state of Georgia. containing ten hun dred and forty-four Q0iD acres more or less. upon the following named iron ore lands. situate, lying and being in the county of Polk and state of Georgia. to-wit:
 QD The Green Ore Bank lands containing eighty 80) acres, more or less,
 (m) The Reed Ore Bank lands. contain ing two hundred and twenty (22O acres. more or less.
 (n) The Wood Ore Bank lands, contain ing one hundred and twenty Q2O acres, more or less. together with all rights of water, rights of way, contracts and priv ileges, and personal property of every kind and description appurtenant to said land and mining rights which are described as ing company by the deed last hereinbefore referred to, particularly all the, steam boil ers tram cars, tram and railroads, bar rows, S, drills, shovels. picks. hammers. said deeds describedM together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging or right, title, interest and property, posses sion, claim. and demand whatsoever, as we'll 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:
 Whereas, it is further ordered, adjudged and decreed that said master commissioner tirety. and without. .appraisement or right of redemption, at public auction to the highest and best bidder therefor at F o'clock noon Georgia, on day to be named by the mas ter commissioner in his notice of sale and whereas, it is further ordered, adjudged and decreed in the order passed by the court above mentioned on August 2, 1897, that mo- 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 fhe Cedartown Standard, a newspaper published in Polk county, Georga, in the Staunton Daly News, newspaper published in Au- gusta county, Virginia, and in the Age Herald, a newspaper published in Bir- mingham, Jefferson county Alabama, said newspapers having general circulation in proposed to be sold is situated; and
 Whereas, It is ordered in said modified decree of August {, 1897, that in the sale described in said decree and this adver- tisement the master commissioner shall the same is Accompanied by a certified check on some solvent bank satisfactory to the master ste ooes ecsom,missioner for the sum of twenty 000) thousand dollars, payable to the order of said master commissioner; said certified check to be rendered by the % sioner before % or at t the he time as'e of making making 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 balance of the purchase price of said prop erty in excess of the deposit of twenty thousand G20,0oo) dollars shall be paid by the purchaser or purchasers to the master commissioner within thirty (sO days from the confirmation of the sale by the court, and it is further ordered by the court in said modified decree of August g. 1897. that the money arising from the sale of said property shall be applied to the payment Of the cost of the master commissioner making said sale, compensation of the re- ceiyer and his counsel the costs of court, esdver. as may be adjudged by the court to be prior in lien to the bonds and coupons Secureu Dy the mortgage, ana the -Dalance or the purchase money may be paid in the bonds or coupons secured by the said mort gage, and If the purchase price is not suf- flcient to pay all the costs and expenses and claims. against the company, and the receiver which may be adjudged by the court to be prior in right or lien to the bonds and coupons secured by said mort gage, then the purchaser or purchasers shall take said property on condition that he or they shall pay all claims which may be adjudged by the court as a prior lien on the property to the bonds and coupons se- cured by said mortgage. and the court re. serves the right to retake possession of all of said property or any part thereof, and to resell the same to. satisfy such claims as the court may adiudge to be prior in lien to said bonds and coupons, should the purchaser or purchasers refuse or fail with in thirty days. after the right of lien there of has been adiudged to pay the same. For greater parteuarity, both to the prop erty to be sold and the terms of the sale, reference is made. to the decrees of fore closure and the above mentioned modified decree entered in the above suit.
 Now, therefore, public notice is hereby given that I, c. w. Haskins, master com- missioner in pursuance said decree and