The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1897-08-31

e@nhlptaif trust company, Complainant,
Augusta. Mining and Investment Company,
Defendant.
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,
| Ca, on the sd day of January, 1895, a 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
! eompiainants bill of complaint, in the Gauss
last above entitled, which said decree was
medihed by an order Of said court on Au-
gust 2, 1851 and, whereas, similar DEGREES
| same parties on bills in the circuit courts
OF the United States for the northern dis
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
z, 1887, was duly confirmed by the said United
States court for the northern district of
Alabama and the western district of Viz
| ginia and. whereas in said DEGREES and
orders. it is ordered, adjudged and decreed
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 It's estate, right. title and equity of re-
demption therein should be sold under the
direction of C. w. Haskins as master COM
missioner. and the proceeds of such sale APP
pied to the satisfaction of said judgment
of foreclosure interest and costs, excep,
decree All of said property so ordered,
adjudged and decreed to be sold being de-
ar the lands rea estate and a nea n f
est and personal property of the said Au-
sgusta Mining AMI Investment company,
the following described lands and real es
tate, mining rights and personal property,
| to-wit:
/. "A tract of land in Augusta county, Vir-
ginia, known as the Kennedy Furnace tract,
containing about forty-five hundred $500
said Augusta Mining and Investment COM
! pany by Samuel Yost and others by deed
| bearing date Sth day of September. $780,
| 2. All the minerals and mining rights in
land upon a certain tract of land situate in
Station, on the Shenandoah Valley rail-
| road, containing about three hundred and
| fifty $3.50 acres; and all minerals and min
| ing rights in and upon an undivided one
| the last above described parcel, containing
about three hundred and seventy-three
| (s73) acres, being the same minerals and
mining rights conveyed to said Augusta
| Mining and Investment company by Thomas
| 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
| state of Virginia on the 18th day of May,
1890, in deed book 1O9, page "a.
3. 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
and delivered by the Georgia and Alabama
! Consolidated Mining company, the Frog
Mountain Iron company Stephen n e. =, Noble
Fitch. and Charlton G. Smith, of the first
part, and the Augusta Mining and Invest
| said lands, real estate and mining rights,
last mentioned are known as:
ta) The. Frog Mountain tract,
| (b) The Donohue tract,
| (c) The Watson tract. -
| td) The McKleroy-Watson tract,
| (e) The Treadway tract
10 The Sparks tract.
all situate, lying and being in the county, OF
| Cherokee. and state of Alabama, together
three and forty-nine one hundredths
| Q273 49-100) acres more or less. and
| fe) The Alexander tract situate, lying and
| Alabama, containing - acres. more or
less.
/ (h) The Simnson Iron ere tract,
~ The Bigelow tract, and
Qx) The State Line tract,
all situate, lying and being in the county of
Polk, state of Georgia. containing ten hun
dred and forty-four Q044) acres more or less
| and the iron ore and mineral right in and
upon the following named iron ore lands.
situate, lying and being in the county of
| Polk and state of Georgia. to-wit:
i % The Green Ore Bank lands. containing
| eighty 500 acres, more or less,
(m) The Reed Ore Bank lands. contain
ing two hundred and twenty (22W acres,
more or less.
(n) The Wood Ore Bank lands, contain
more or less, together with ali 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
conveyed or Transferred to the said min
referred to, particularly adj the. steam boil
ers, tram cars, tram and railroads. bar
drills shoye,s piSss aha
conductors and all other mining tools in
lfsaid deeds describedh together with all
band singular the tenements, heredtamcnts.
Rand appurtenances thereunto belonging OF
lin any wise appertaining, and all the estate,
right title, interest and property, posses
sion, claim and demand whatsoever, as
fwell as in law as in equity, of the said
\. Augusta Mining and Investment company,
i1of, in and to the same in each and every
bpart, tract and parcel thereof. with the ap-
Ppurtenances;
| Whereas, 1t is further ordered adjudged
and decreed that said master commissioner
II shall sell said property for cash in an en-
tirety. and without appraisement or right OF
/ redemption, at public auction to the highest
/ at -Cedartown, county of Polk and state OF
Georgia, on day to be named by the mas
Il IS Further 81
decreed in the order passed by the coiIrl
above mentioned ON August 2, 1897. that no
be given by said master commissioner, by
advertising the same once week for a
least four weeks prior to such sale, in III
! | in Polk county, Georgia, in the Stauntor
DAILY News, a newspaper published IL Au
| gusta county, Virginia, and in the Age
Herald, a newspaper published in Biz
mngham, Jefferson county, Alabama sal,
newspapers having a general circulation il
the counties and states where the propcrt,
, proposed to be sold is situated; and
Whereas, 1t is ordered In said modifie
decree of August 2, 1897, that in the sal
| of the propeFtYyCf the defendant corporation
described in said decree and this edver
tisement. the master commissioner shal
L he hferba hit nff dc
the same is accompanied by a certifie
check on some solvent hank satisfactory I