The age-herald., 1897-09-21


 last above entitled, which said decree was modified by an order of said court on Au- of foreeiosure e's were rendered between the of the United States for the northern dis trict of Alabama and the southern divi- sion,- and in 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 2, 1S97 was duiy confirmed by the said Jn.tsd States court for the northern district Of Alabama and the western district of Nir- glnia; and, whereas, in said decress and that all the property new 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 demption therein should be sold under the direction of C. w Haskins as master com missioner, and the proceeds of such sale ap- piled to the satisfaction of said judgment of foreclosure, interest and costs, excepr such as is otherwise provided for in said decree. All of said property so ordered, adjudged and decreed to be sold being qs- seribed as follows: All and sit.- est and personal property of the said Ali- gusta Mining and Investment company, wherever situated, and in. particular al the following described lands and real es tate. mining rights and personal property,
 1. A tract of land in Augusta county. vir- ginia, known as the Kennedy Furnace tract, containing about forty-ive hundred u.500) acres, Delng the same land conveyed tts tue said Augusta Mining and Investment conn pany by Samuel Yost and others by deed bearing date sth day of September. 1890.
 Z All the minerals and mining rights in and upon certain tract of land situate in Augusta county Virginia, near vesuvins Station, the Shenandoah Valley rail- road containing about three hundred ana fifty (350l acres; and all minerals and min ing rights in and unon an undivided one half of a certain otier tract of land i.'ar the last above described parcel, containing about three hundred and sevcnts three hn aTran mi rnl lu n nd mining rights conveyed to said Augusta Mining and Investment company by Thomas April, 1890, recorded in the office of the clerk of the Augusta county court. in the sse 1 S of aee5 wTEn bnn qn 1s the sa day of May
 B. All the certain lands, real estate and ores, and mineral rights. situated in the states. of Georgia and Alabama. which are described in a deed of conveyance, bearing date the 31st day. of July, 1890; executed consoidated Con Mining S colnpany, s,,N the Frog Mountain Iron company Stephen E. Noble. Frank Fitch John K; Barton, F Fielding part. and the Augusta Mining and Invest ment company of the second part. which last mentioned are known as
 (a) The Frog Mountain tract,
 1b) The Donohue tract,
 (c) The Watson tract GFF9
 Co The Treadway tract,
 (f) The Sparks tract,
 Cherokee, and state of Alabama, together containing twelve hundred and seventy three and forty-nine one hundredths q27S 49-1OO) 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
 C) The Bigelow tract, and
 (k) 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 o Of Ge1rsia sg snSs tSwit eighty (S0) acreS more or less,
 0m) The Reed Ore Bank lands; contain ing two hundred and twenty (22O acres,
 (n) The Wood Ore Bank lands, contain ne ere one or sss Wh ali R Tights water rights of way, contracts and priv leges and personal property, of # every y kind nd and mining rights, which are, described as conveyed or transferred to the said min referred to, particularly all the, steam boil CTS, tram cars, tram and railroads bar seGses dp pnmps pSm oase ana wse conductors, and all other mining tools in said deeds descrbed t together Wi6h all and appurtenances thereunto belonging or in any wise appertaining, and all the estate, sion claim and demand whatsoever, as well as in law as in equity, of the said Augusta Mining and Investment company. part, tract and parcel thereof, with the ap- purtenances:
 Whereas. it is further ordered adjudged 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 l2 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 it is furter e ad tbs Land and 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 the Cedartown Standard, newspaper published in Polk county, Georga, in. the Staunton Daly News, a newspaper published in Au- gnsa EeTaa coany agna m the n Hr mngham, Jefferson county, Alabama, said newspapers having a general circulation in the counties and states where the property proposed to be sold is situated; and
 Whereas, It is ordered sces in 1T, said modified mo of ffee the property @ of the defendant corporaton described in said decree and ths adver.. tisement the master d nsarsd shsi check on some solvent bank satisfactory to twenty (20,OOO) thousand dollars, payable to the order of said master commissioner: said certified check to, be rendered by the  sioner before or at the time of 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 credited as a part payment thereon. Tho balance of the purchase price of said prop- erty in excess of the deposit of twenty 1 thousand ($20.o00) dollars shall be paid by the purchaser or purchasers to the master commissioner within thirty t30) days from the confirmation of the sale by the court, and it is further ordered by the court in said modified decree of August 2. 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 res ceiver and his counsel. the costs of court, and to such other claims against the rei ceiver. may be adjudged by the court | to be prior in lien to the bonds and coupons secured by the mortgage, and the balance of 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- ficient to pay all the costs and expenses and claims against the company and tho .-1.s -1.. l. 19,.1~ 1rr 41,-