New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-02-11

FORECLOSURE SALE trynes g. Wilkins
Auctioneers). ~ THE CIRCUIT COIKI
OF THE UNITED STATES FOR TIE
WESTERN DISTRICT OF VIRGINIA. In
Equity. The Peoples Thus, Company II
Brooklvn. plaintiff. VS.. The Lynchhurg
Electric Company, defendant. -,..
In pursuance Of decree Tor lorecl9sure
and sale. dated December II. 1897. and en-
tered in the above entitled cause, In the
office OF the Clerk OF the United states
Circuit Court at LyDohburg irglhis; on
the 18th day OF December. 1897: We. nan
dolph Harrison and ". D. Coleman the
undersigned, Commissioners in SAID de-
cree named. will sell az public auction on
the premises, In the city OF Lynchbure,
Virginia, 10 wiz. az the power mouse Oh
said defendant Company on Jefferson street
IN .a,d city. on Monday, February 2sth.
ls9s, at u o'clock m. OF that day. me
property. rights and franchise mentioned
In said decree and IN the bill 81 eSinp'asL av
Of December. 1892 from the deienaant 70
the plaintiff. and described as follows III
the decree Aforesaid:
"Q) All the lands and tenements or the
said party OF the first part wheresoeNer
located including % It's real estate In me
raid city OF Lynchburs bounded by PARK
Avenue. Taylor and 18th Streets. with the
on: II being the same property conveyed TO
n by the Lynchburg Street Railway Com
pany by deed OF the 18th OF November.
lS92. and % its the grantors) interest.
or parcel OF land in the city of Lynchburs
and bounded AS follows: Beginning at the
intersection Of Jefferson and 10th streets,
thence with jefferson Street toward 9th
Street 81 feet, thence at right angles
towards Lynch Street and parallel 10 10Th
Street 1872 feet. thence at right angles and
parallel with jefferson Street ~ feet 10
10th street. and with the letter 1872 feet 10
the beginning, IL being part OF Lot NO.
467 in the plan 81 the city OF Lynchburs
upon which its power house is situated.
~
BY the Piedmont Electric Illuminating
Company by deed Of the 18th day OF No
vember. 1892:
80, Its line Of street railway located
over in and along. the streets OF the city
OF I.ynchhurg IN West Lynchburg and the
County OF Campbell. all its sdings, tracks
and connections. its privileges. leases ease
ments. rights. immunities and contracts.
all its equipments, engines. boilers. dy-
namos carr. horses. mules. wagons. stable,
harness tools. implements. machinery.
plant, eIectric appliances, lamps, poles,
wires its contract or franchise TO light
the city OF Lynchburg. or to furnish lights
TO the inhabitants thereof. and all its prop
erty. tangible and intangible. whether in
possession or 10 come into possession, &C
quired or 10 be acquired. all its revenues
and resources OF all sorts. present and
future. the object being that future ac-
QUESTION OF whatever kind shall imme-
diately come under this deed OF trust as
effectuallv as N the same were now held
The franchise which the defendant Com
pany ,5lds from the City ot Lynchburg
aforesaid continues In force FOR thirty
years from January !, 1881. and the lenSth
OF It's railway N operation is between hNe
and six miles. Said sale is subject 70
ratification by the Court. and Will be mace
10 the highest and best bidder, who WIFI
be required by the undersigned Commis-
sioners. before making any adjuilSa1 az 5i,
TO him, 10 pay in cash me sum on so."V'
t. - a. nd No
frmed by the Court. the balance OF sne
purchase money must be paid WITHIN
twenty days from that day. bu, the pur-
chaser shall have the right 10 ANTICIPATE
the day OF payment. II the holder, or
holders OF any bonds OF the said defend-
Ant company. secured under the s,u 80
, OF trust OF December |. 1897. shall become
the purchaser OF said property, the s"'u
bonds and unpaid coupons thereon Will %
received In payment OF the purchase money
10 AN extent equivalent TO 80 much o. We
purchase money as would be eventually
payable as dividends In this cause upon
such bonds and unpaid coupons upon
proper distribution and accounting Tor tnc
said proceeds OF sale. The receivers Ger
tinca;es, or any OF them. may be used as
cash in the payment OF any part OF the
purchase money to the extent that Ger
tincates go used. and tho Interest quo
thereon. would be entitled 10 share IN the
distribution OF the cash 30 required, eA-
cept as TO the s.. ooo.oo required 20 be pan
on the day OF sals aforesaid. In case OF
the failure OF any bidder to comply with
the terms OF sale on the day OF sale, the
undersigned Commissioners VIII reject ths
bid. and proceed AT once. then and there,
to make a re sale.
Any OF the parties TO this suit. or any
party In interest may bid for and pur~
chase the said property. rights and iran
chises at the sale Aforesaid.
Upon confirmation OF the report OF sale
by the Court. and the compliance with the
terms OF sale by the purchaser, and pay
ment In full Of the purchase money the
undersigned Commissioners will execute
aud deliver n deed OF conveyance to the
purchaser. and the said purchaser shall
then and there be let into the possession
OF the said property, rights and franchises,
and shall IL entitl~i 20 have and receive
all books. maps. plans. papers. records ana
documents OF the said Lynchburg Electric
Company. OF OF the receiver. relating and
appertainlng TO the said property rights
! and franchises. The receiver In this cause
IL directed 10 remain In possession or the
said property. rights and franchises. ana
10 continue 10 operate the said street rail-
way and electric plant after The sale. ana
until a conveyance thereof. and II tho sale
shall be confirmed. the purchaser. on de-