The Marietta journal. [volume] (Marietta, Ga.) 1866-1909, 1900-06-21
Trustees Sale.
GEORGIA.-Cobb County.

GEORGIA--Cobb County.
Whereas on the f24th day of June. 1893. the
Marietta Paper Manufacturing Company a
corporation having its principal place of bust
ness IN me city ofMarlefta. IN said county. and
hereinafter called the Paper Company, made
and delivered its trust deed to Moultrie NJ
sessions as trustee for Joseph Paige, Saxon
A. Anderson and Jos. L. Wolcott which said
deed was recorded on the 29th day of June 1899.
in deed book ''Y.' folio $50 ct seuuens of the
| records OF said county, for the purpose of Sc
curing of the said Saxon A. Anderson
made by him to the said Paper Company,
and the said Joseph Paige against loss on
Loan OF $l.0oO, made by him to- the said Paper
| Company, and for the further purpose of secur-
| ing, protecting and lndemnifying the said JOS
eph Paige, Saxon a. Anderson and Joseph L.
| Wolcott against loss upon any and all debts.
contracts or obligations which said parties, or
| any OF them. had Heretofore made or loaned.
advanced, endorsed, assumed. guaranteed or
otherwise secured for said Paper Company.
| and against loss upon any and all debts. con-
| tracts or obligations which might thereafter
| be assumed, made. endorsed. advanced or guar
anteed by said parties. or any ofthem. for said
| Paper Company. and
| Whereas. the said Saxon A. Anderson and
Joseph Paige have endorsed and secured for
| the said Paper Company its promissory notes.
| one 70 the Marietta Trust IL Banking Company
for S4,50000. and one 70 the Third National
/ Bank of the city OF Atlanta for 5000. which
said notes matured on tie 10Th day of January,
/ 1900. and both of which said notes have been
/ assumed by said Joseph L. Wolcott. and are
now held by him against the said Paper Com
pany as maker and the said Saxon 4. Ander-
1 tiles; and
| Whereas. said trust deed provides that If any
! defaultshau be made ~ the said Paper Com
/ pany in the prompt pc yment of any debt CON
| tract or obligation made. assumed. endorsed.
| guaranteed or secured FOR "a id Paper COMPANY
! by the said Joseph Paige. Saxon 4. Anderson
| and Joseph l. Wolcott. or any of them. at the
maturity thereof and the said Paper Compa-
ny shall fail 10 protect The said Joseph Paige.
! saxon A. Anderson aHd Joseph L. Wolcott.
| or any'Of them from liability on any such at the
| tmaurity thereof and such default and failure
| shall continue for as long as thirty days. then
and thereupon it Shall be lawful for said trustee
To proceed TO sell and dispose of by one sale. or
successive,Or through several sales all and sin
| gular the premises. property. rights. interests
! and franchises of said Paper Company, in said
| trust deed conveyed. by first giving advertise
| ment thereof once week for four successive
! weeks in some newspaper published in the city
| of Marietta and likewise in some daily newspa-
| per printed in the city of Atlanta:
| Now for the purpose of making payment of
the following debts of said Paper Company. all
| of which have been due and unpaid for more
than thirty days, to-wit: The loan Of 50 900 90
| made by Saxon A. Anderson to said Paper
| Company; the loan of 81 800 made by said
Joseph Paige to said Paper Company the said
notes made by the said Paper Company to the
said Marietta Trust & Banking Company for
$500, and to the Third National Bank Of At
| lanta, Ca, for 8 600, both of which are en-
dorsed by said Saxon A. Anderson and Joseph
Joseph L. WolcOtt, and by virtue Of the author
| ity in said deed contained, the undersigned
| Trustee, MOultrie NJ. Sessions, will sell to the
| highest bidder, for cash, before the courthouse
| door OF Cobb county, in the city of Marietta
! within the legal hours of sale, on the first
Tuesday in July next, the properties of the
sad Paper Company hereinafter described as
| follows, to-wit:
All that tract or parcel Of land lying and be-
| ing in said State and county Of Cobb, in the
| 18th district and End section, being land-lots
Nos. 1915, 1888, 1914 1915 1Os 1919 1885, 1885, 1899
1890, 1901, 1892 10QS 1899 and all Of 1877 except
| thirteen acres off the northeast corner, sold to
| Edward Denmead. Also. the following lots in
the 10th district and 2nd section of said county,
| viz: 1852 and 1888. All Of said lots containing
| forty acres each, moRe or less, and all the pa
| per machinery, pulp mill machinery, and all
| the machinery OF any description on said prop
erty, together with all the paper stock of all
kinds stored in the warehouses and mills on
said property; also all manufactured goods.
wagons and six mules. stock feed, ETC., on said
proper ty which is used in the operation of said
property; This property is known as the paper
| mill on Soap creek.
Also all things in action, leaseholds, leases
| rights under leases or under contracts, cove
! nants and agreements, terms or parts of terms
and all improvements, requirements or addi-
| lions made or to be made to any and all of said
| property, together with all rights, powers,
privileges, tmmunities, franchises, CORPORATE or
otherwise, of said Paper Company, whether
| now held or hereafter acquired, with full pow
er IN said purchaser to succeed and enjoy all of
| saidrightS, powers, privileges immunities and
| franchises, together with all the rents tolls
issues increase. profits, privileges and fran
| chiseS growing out of or in any way appertain-
ing or belonging to said property or any part
| thereof.
Also all manufactured stock or raw ma terial
! OF said Paper Company now on hand or that
may hereafter be owned by said Paper Com
pany, including cotton batting, cotton waste,
paper in rolls and bundles, paper materials,
raw, wrought, and in process of manufacture
cotton linters, paper stock, waste stock. cotton
| batting stock, cotton factory sweepings, and
all other stock of any kind whatever.
This item is intended to cover all articles
enumerated herein in possession of said Paper
Company at the time of the execution of the
said trust deed as Iwell as all articles of
| like classes, which the said Paper Company
may acquire or possess in the future, the lien
to be lost on all sales made from said stock in
regular course OF trade and to attach to all new
purchases and additions made thereto as con-
templated by section 2723 of the new Civil
| Code
Also all books of accounts, debts, obligations
and chooses in action belonging to said Paper
| Company, or which it may hereafter own.
! The proceedsjof said sale shall be applied first
to theopayment of all costs and expenses legiti-
mately incurred in the making and bringing
about of said sale, and the remainder thereof,
| or so much as may be necessary, shall next be
applied for the equal pro rata benefit
| and payment to said Saxon A. Anderson
and Joseph Paige of the moneys loaned
| by them TO said Paper Company, viz. IS 900 90
by the said Anderson, and s1,5OO.OO by
| the said Paige, together with all interests ac-
crued thereon, and next for the equal pro rata
benefit and payment OF the two notes herein
| before described as being made by said Paper
| Company to the Marietta Trust & Banking
| Company for S4,500.00, and to the Third Ma
| tional Bank OF Atlanta for s., 100000 endorsed by
| the said Joseph Paige and Saxon A. Anderson.
and assumed and now held by said Joseph l..
Wolcott, with all interests accrued thereon.
The remainder of said funds, If any, will be
paid over To said Paper Company or its repre-
| sentative.
The undersigned trustee, by virtue of the
| authority in him vested by said deed, will ex-
ecute to the purchaser or purchasers of said
properties at said sale all necessary and proper
! deeds and instruments of conveyance, and will
also put said purchaser or purchasers of said
properties into the possession thereof.
Thia Nh