The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-05-15

/ AIQAA AlAAANAAa aAAN ~ AHaHs AAAA ANA 49,
OF land and right Of way acquired from
the Reymann Brewing Company In 1873;
ard parcel OF land on The Penlnsu!a,
J contracted for by said receiver with the
4 commissioners Of Ohio county.
Excepting from the ahoyo described
! property. however. 80 much and such
| parts thereof rs have been heretofore cone
7 Neycd by the receiver or released from the
( lien OF said first mortgage. in which Is In
/ cluded the following. to-wit: the parcels
i In the town OF Benwood conveyed 10 tho
! Riverside Iron Works on August =, lS9,
! consisting OF a.lii acres: to Alfred Cald-
/ well IN August, 1889. consisting Of strip
/ OF ground In the city OF Wheeling, front.
! Ing 9S4 feet on Market street and lsi.lb
feet on Eighteenth street; parcel IN said
city, q Wheeling conveyed e Joseph
4 part OF lot . In square q: and u parcel
/ in said city OF Wheeling conveyed to John
! Palmer on said February II. 1900, being tho
| north half OF lot In square 90. and a gmnn
! parcel on The Peninsula. agreed by said
| receiver TO be transferred to the commits
/ Flnuers OF Ohio county In exchange for
! the parcel mentioned in the last preceding
| paragraph hereof.
cd by said DEGREES, without valuation, ap-
| prulsement redemption or extension; and
| all such property Will be sold In ono par
The complainant In said suits. or any
| holder or holders OF bonds secured by the
| said above described fret mortgage, may
| bid and purchase at such sale.
In making such sale, the special master
will accept no bid for the property from
| any bidder for sum less than t753883 nor
| from amy bidder who shall not place IN his
| hands at the time Of making the bid. as
pledge that such bidder viii make good
| his bid II accepted by the court, tho sum
| OF s25,QQO IN money or certified check upon
any national bank or trust company IN
the city OF New York. All moneys 80 do
| posted By unsuccessful bidders will be re-
turned to them by the special master after
! the property shall have been knocked
down.
The purchaser shall sign memoran-
dunn OF the purchase at the time and place
| OF sale. and at the same time shall. In adj
J ditlon to the deposit Of $4,000, above mem
toned, further pay to the special master
an additional sum OF S25,OCQ; In cash or
certified check, as aforesaid. or In lieu
thereof may deposit with the special mas
| ter $4,000, par value. Of the said first mort-
gage bonds. The certificate Of the COM
plainant that Il holds first inorigaEe bonds
as therein described subject TO the order
OF the party named. and transferred to the
| special master. viii be received by him ana
accepted tn lieu OF bonds required 20 be
deposited as aforesaid a. the time Of sale
on account Of the payment OF the purchase
price bid, with like force and ehect as
though the bonds therein named had been
delivered TO him.
will be paid by him into the registry Of
the said circuit court of the United states
for the District OF West Virginia. The
purchaser shall make such further pay
cash, from time to time. as the s9ld
United States Circuit Court for the DIS
trict OF West Virginia may direct In order
to meet the costs, compensation ana e2-
penses OF the trustee and OF its solicitors,
and of tho solicitor for the defendants,
and the expenses Of the suit, and to pay
such claims, II any, against the mort
gagged property as the court may aq1udRe
to be prior fl equity to the said HFst
mortgage bonds.
The court reserves the right to reject
any bid: and also to resell the property
upon the failure Of the purchaser, tor
twenty days, 10 comply with any order OF
the court requiring payment.
II any bid be accepted by the court, anu
the sale confirmed, the person making the
bid shall forfeit the said sum OF s2S'009
above provided 10 be deposited by him at
the time OF making his bid, II he fails
to comply with all the conditions OF the
sale and all orders OF the court IN respect
thereto: and thereupon such sum shall
be applied as the court may direct. IL
the sale be contlrIled. and the purchaser
shall comply with the conditions OF the
sale and all orders OF the court In respect
thereto, then the said deposit OF S25,OOO
above provided for, together with all other
payments and deposits made by MIN, VIII
be applied on account OF the purchase
price.
The balance of the purchase price, over
and above the portion thereof required
TO be paid In cash, shall be paid at such
time or times as the said court may direct
upon or after the confirmation OF the safe,
and may be paid IN whole or In part by
paying over and surrendering to the said
special master outstanding Arst mortgage
bonds and overdue coupons appertainlns
thereto, secured by said first mortgage.
said bonds and coupons being received az
such price or value as snail be equivalent
to the amount that the holder or holders
thereof would be entitled 70 receive there
on in case the entire ,pur2hase price were
paid in cash. All such bonds and coupons
thai may be used to make such payment
shall be cancelled by the special maSter
II tho whole amour; due thereon IS applied
the whole amount is applied, then tho
amount SO applied shall be stamped or
written upon said bonds or coupons. which
shall then lie returned to the holder
Upon confirmation OF the sale, ind full
compliance with the terms thereof by the
purchaser, the special master VIII make
execute and deliver TO such purchaser g
deed OF the property sold, IN which deed
the Wheeling Bridge and Terminal Rail-
way Company and The Washington Trust
Company, Of the City OF New York, as
trustee. will join. Upon the execution ano
delivery of such deed, the purchaser shall
be let into possession OF the premises con.
veyed, and shall be Invested with and
hold. possess and enjoy the said mortgnged
premises and property, and all the rights,
privileges and franchises appertaining
wheeling Bridge and Terminal Railway
Company now holds or enjoys, or has
heretofore held and enjoyed the same treo
and discharged OF and from the lien Of the
said first mortgage above described, ana
OF the second mortgage made by sald
Wheeling Bridge and Terminal Railway
Company to the said The Washington
Trust Company, OF New York, as trustee,
dated the 10th day OF October 1880, and
recorded in the office OF the clerk Of Ohio
county. in the state Of West Virginia, on
the 18th day OF November, 1890, and in tho
office OF the recorder OF Belmont county,
In the state Of Ohio. on the 18Th day q
November, 1890 and from any and all
claims OF any Of the parties to the said
above described action.
For further particulars, reference Is
hereby made to the above mentioned de-
crees Of said courts on ale with the re-
spectlVe clerks thereof
Dated, April Il. 1900
NELSON c. HUBBARD,
Special Master.
1927 Chnpiine Street.
Wheeling, West Va
RUSSELL & PERCY,