Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-09-09
DURHAM ronAcoo woRks
ORDERED TO BE SOLD ny THE
UNITED STATES COURT.


Raleigh. N. c., Sept. s.--Judge Simon<
ton, of the United States Circuit Court.
decides with the trust. Major Guth-
RE is out in the cold The BlackwelI
Durham Tobacco Company is to be
sold by the trust and for the trust.
The sale will be by public auction.
and no bid for less than S4.0QD, 900 Will
be received. 100000 of this to be paid
within an hour after the bid has been
accepted, and the remainder to be paid
within a week after confirmation of
the sale.
The case has been one of the. hard
est fought legal battles that ever took
place in the State It was tried be-
fore Judge Simonton and was decided
by him at Asheville on last Tuesday,
both the PLAINTIFF and defendant having
agreed that the case be decided outside
OF the territory of the court In which
the case was brought.
The order has beep received by CLERIC
Itiddicll here. The order recites that IL
is heard upon a motion for sale by
complainant.
1t goes on:
1T is therefore ordered that Percis
val 5. Hill, the receiver heretofore aps
pointed. shall offer for sale at public
auction at the county court house or
Durham county on the first Monday in
November. 1900. at IL o'clock q. M. all
the real and personal property, good
will. business. trademark, fixtures,
trade names, symbols, labels, supplies
materials. outstanding bills and acsG
counts receivable. cash. chooses In ac-
ton. patents, franchises. and all other
property, estate and rants, of Black
wel'r Durham Tobacco Company. OF
whatever kind and nature and where's
ever situate, as n WHOLE"
description of the real estate folS
lows
said receiver shall give notice OF
sale, together with description of the
property to be sold and the terms OF
said sale as hereinafter set out. by
advertisement once a week for four
weeks prior to sale in the Durham
Daily Sun. newspaper of general cir
oulation published in said Durhau
county.
AT said sale the receiver shall ans
nounce that he will not receive any bid
OF less amount than four million dol
lars. and ut the conclusion of the bid
ding the receiver shall announce the
name of the last and highest bidder.
and the amount OF his bid. and the said
last and highest bidder shall deposit
with and pay the said receiver the sun
of one hundred thousand dollars, either
in cash or by certified check. payable
to the order OF said receiver. where
upon said receiver shall deliver to the
said last and highest bidder a receipt
( acknowledging payment to said re-
ceiver of said sum of money. either in
cash or by certifiedcheck. and that said
| receiver hold the same to be applied
uron the payment OF the purchases
price of said property. estate rights
and effects. If the sale to such bidder
shall be confirmed by court. or be re-
| turned without interest to such bidder
if the bidder shall in all respects COM
ply with the terms OF sale, and the.
sale shall nevertheless be not confirmed
by court.
IL such deposit or payment of the.
said sum of one hundred thousand
dollars shall not be made to the re-
ceiver by the last and highest bidder
within one hour after the close of bid
ding, the receiver shall immediately
offer all of said property, estate.
rights and effects for sale again in
the same manner. at the same place.
without new advertisement.
This direction, however, withoura
prejudice to the rights of said re-
ceiver for damages against the said
last highest and defaulting bidder. if
such property shall bring less at said
resale than at the first sale. ~
said receiver shall immediately az
ter said sale, report the same. With
his recommendations to this court
for further orders and directions, and
II said sale Is confirmed by order ofg
court. the deposit or payment of said
made by the highest and best bidder
shall be applied to the payment OF
j.Tiear -halaaea
of said purchase price shall be paya-
BILE in cash within ten days after SUCH
order of confirmation. This order is
without prejudice to the rights of Lee
titia NJ. Geer, Mary r. Geer and Anna
Carples, citizens of New York.
urup arou