The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-08-17
THE G.. F.. & Y. v.

The Grounds Of Appeal from Judge Simon.
tons DEGREES Filed with the clerk Of tho
United States District Court Here-The
Appeal to be Heard in November.
The following assignment of errors
was filed yesterday with Mr.. w. II.
Shaw, clerk Of the United States dis
trict court. in this city, in the Cape
Fear and Yadkin Valley railway fore
closure proceedings, in behalf Of the
appellants who appeal from the de-
crees of Judge Simonton ordering the
DAD to be sold as an entirety:
In the circuit court Of the United
States for the Eastern district Of
North Carolina:
The Farmers Lean and Trust Com
pany, OF New York, trustee, complain
ant, VS. the Cape Fear and Yadkin
Valley Railroad Company. h Mercan-
tile Trust and Deposit Company. of
Baltimore, John w. Fries, as receiver
Of the North State Improvement Com
pany, and William A. Lash, as trus-
tee.
! William "A. Lash VS.. the Farmers,
Loan and Trust Company, trustee, the
Cape Fear and Yadkin Valley Rail-
, way Company, n John Gill, as receiv-
er of the Cape Fear and Yadkin Val
ley Railway Company.
Consolidated cause in equity.
ASSIGNMENT OF ERRORS.
And now on the 3rd day of August,
1897, come the defendants Charles
Adolph Low, Geo. F.. Baker and VIM.
E. Strong, by Seward, Guthrie, Mora
wetz & Steele, their solicitors, and say
that the decree in aid cause made and
entered on March 31st 1897, as amend
ed by the amended and supplemental
decree therein filed on July 2, 1897, is
erroneous and against the just rights
Of the said defendants for the follow
ing reasOns:
First. Because in and by said de-
cree of March 81, 1897, the proceeds Of
the sale of the premises covered by the
first mortgage of June 1, 1896, therein
directed, are ordered to be distributed,
first, to the. payment of the coupon in
terest of the several series of bonds
mentioned in the said decree in pref
erence and priority to the principal of
said bonds.
Second. Because the said decree of
March 81, 1897, directs the sale of the
mortgaged premises therein described
only as a single parcel n an entirety,
and not in divisions, n further di-
reefs that the proceeds of such sale be
divided among the holders of the sew
>AOA SNAASo ~ = SoAASS L
according to the percentage fixed by
the court and specified in the said de-
cree.
/ Third. Because the said decree of
! March 81, 1897, does not provide for a
sale of the premises covered by the
first mortgage of June 1. 1886, separate
ly from the premises covered exclu-
sively by the consolidated mortgage of
!, October 1, 1889.
Fourth. Because the said decree of
March 81, 1897, does not provide that
the premises covered by the first mort
gage of Pune 1, 1896, should be Of
fered for sale as a single parcel and
entirety and also by divisions and sold
in the way which should actually prove
to be most Instantaneous and that
the distribution Of the proceeds of the
sale thereof among the respective
classes of bondholders, in case the sale
as a single parcel and entirety should
be adopted and be confirmed, should
be made in proportion to the highest
amounts respectively bid for the sew
eral divisions when offered for sale
by divisions as aforesaid.
Fifth. Because the said decree of
March 81, 1897, as amended n supple
mental decree Of July<2, 1897, directs
the master commissioners therein ap-
pointed, when they offer the entire
property covered by. the mortgages
then foreclosed and either of them for
sale as a single parcel and as an en-
tirety, to include in the Said single par
eel the leasehold interest of the de-
PENDANT, the Cape Fear and Yadkin
Valley Railway Company, in the South
Carolina Pacific Railway Company,
and further directs that the proceeds
of such sale Is an entirety, including
the proceeds of the sale of said LEASE
hold interests, be divided among the
holders of the bonds according Ito the
percentage named in the said decree of
March 81, 1897, and not according to
the amount Of the bonds of each OF the
series A, B, and c, outstanding.
Wherefore, the said defendants pray
that the said DEGREES be reversed and
hat the court may be directed to en-
ter a decree correcting the errors here
in before assigned.
(Signed.] SEWARD, GUTHRIE, NOR
AWETZ & STEELE,
Solicitors for the said defendants Chas.
Adolph Low, George F. Baker and
William E. Strong.
Along with the assignment of errors
the defendants file an appeal bond of
$4,000.
The appeal will come up for a hear
ing before the court of appeals at
Richmond, Va, next November.
Hanged for Wife.Murder