The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-05-08

contracts and rights that belong 10 said
\ railway company In connection with the
construction, maintenance and operation
i OF It's said line, and all the rights. powers
! and privileges said company has In the
i ownership. use. operation and control OF
/ said railroad and properties, and the rights
End powers TO charge and collect tolls.
\ fares and Incomes therefrom; including
! In the properties last hereinbefore de-
Z Hcribod all lands and righta which wero
] conveyed TO the sald the Wheeling Bridge
\ and Terminal Railway Company by r. Il.
] StraFns, with Louisa NJ. Stearns. his wife,
l by deed bearing date April Il. 1899. and
I duly recorded In the Office Of the recorder
! of deeds Of Belmont county. Ohio. in Book
No i0G, page SOL
] and property In the said cities OF Wheel.
! ing and Martins Ferry conveyed to said
I defendant the Wheeling Bridge and Ter
ninel Railway Company by X r.. stearno,
/ trustee, and wife, by deeds dated the 9TH
/ day Of April, 1900, and recorded In the
/ county OF Ohio In the state Of West Vir-
\ ginla, and IN tho county OF Belmont, In tho
state OF Ohio.
| Also all tho real estate property and
| rights OF way heretofore conveyed TO or
| acquired by said railway company or said
receiver as follows. viz: strip OF land
! in the city OF Benwo5d, acquired from
the Riverside Iron Works August - 1924,
| containing 2014 acres; a strip Of land con.
| tanning acres, more or less, in Ohio coun-
| ~. West virginia. acquired from the es-
] klle OIL EallEhUEkU AAllliAlspll va AVFll =
1859; a tract OF land containing 70 acres.
more or less. acquired from the Whitaker
Iron Company May y, lsgS; and the tract
OF land and right of way acquired from
| tho Reymann Brewing Company In 1893;
md parcel Of land on The Peninsula,
contracted for by said receiver with the
Commissioners Of Ohio county
Excepting from the above described
| parts thereof rs have been heretofore con-
/ veyed by the receiver or released from the
lien OF said first mortgage, IN when is In
| cluded the following, to-wit: the parcels
In the town OF BenwOod conveyed to the
| Riverside Iron Works on August q, 1899,
consisting OF 5,IH acres; 20 Alfred CNld-
well In August, 1872 consisting OF n strip
OF ground In the city OF Wheeling, front-'
ms 9.Si feet on Market street and 1919
feet on Eighteenth street: a parcel In said
city OF Wheeling conveyed to Joseph
Whitehouge on February II. 1907, being
part OF lot In square 2; and q parcel
In said oity OF Wheeling conveyed to John
Palmer on said February II, 1900, being tho
north half OF lot In square d; and small
parcel on The Peninsula, agreed by said
receiver to be transferred to the commits
sioners OF Ohio county in exchange for
the parcel mentioned In the last preceding
paragraph hereof.
The said property will he sold, as direct
ed by said DEGREES. without valuation, ap.
praisement. redemption or extension; and
all such property will be sold In one par
Gel, as an entirety.
The complainant in said suits. or any
holder or holders Of bonds secured by the
said above described first mortgage, may
bid and purchase at sucn sale,
In making such sale, the special master
VIII accept no bid for the property from
any bidder for sum less than $75).0O0, nor
from any bidder who shall not place In his
hands ut the time OF making the bid. as
q pledge that such bidder will make good
his bid II accepted by the court, the sum
OF 600, in money or certified check upon
any national bank or trust company In
the city Of New York. All moneys SO de-
posted by unsuccessful bidders Will be re-
turned to them By the special master after
tho property Shall have been knocked
The purchaser shall sign memoran-
dun Of the purchase at the time and place
Of sale, and at the same time shall. In i'd
dltlon to the deposit OF $4,000 above mem
toned. further pay TO the special master
an additional sum Of $4,000, In cash or
certified check, as aforesaid, or in lieu
thereof may deposit with the special mas
ter 5000 par value. Of the said first mort
slEe bonds Tho certificate Of the COM
plainant that II holds first mortgage bonds
as therein described, subject to the order
OF the party named, and transferred TO the
special master, will be received by him and
accepted IN lieu OF bonds required to be
deposited as aforesaid Mt the time OF sale
on account OF the payment OF the purchase
price bid. with like force and effect as
though the bonds therein named had been
delivered to him.
All sums received by the special master
viii be paid by him into the registry Of
the said circuit rourt Of the United States
for the District Of West Virginia The
purchaser shall make such further pay
fnents Of part Of tho purchase price, in
cash, from time to. time, as the said
trict OF West Virginia may direct In order
to meet the costs, compensation and eX-
penses OF the trustee and of its solicitors,
ard OF the solicitor for the defendants,
and the expenses OF the suit. and to pay
ouch claims. II any, against the mort
gagged property us the court may adJudge
to be prior In equity TO the said first
The Court reserves the right to reject
any bid; and also to resell the property
upon the failure Of the purchaser, for
twenty days, TO comply with any order OF
the court requiring payment
II any bid be accepted by the court, and
the sale confirmed. the person making the
bid shall forfeit the said sum OF $25,00o
above provided to be deposited by him At
the time OF making his bid, II he falls
10 comply with all the conditions OF the
sale and all orders OF the court In respect
thereto; and thereupon suoh sum shall
the sale be confirmed. 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 $4,000
above provided for. together with all other
payments and deposits made by him. Will
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
tIno or times as the said court maY direct
upon or after the confirmation Of tho sale,
and may be paid In whole or In part by
paying over and surrenderinG to the said
special master outstanding first mortgage
bonds and overdue coupons appertRlnlng
thereto, secured by said first mortgage,
said bonds and coupons being received at
,rir NniT 1a Ehnm hga arNIiVn1nnf
TO the amount that the holder or holders
thereof would be entitled to receive there
on in case the entire purchase price were
paid In cash. All such bonds and coupons
shall be cancelled by the special master
II tho whole amount due thereon Is applied
upon the purchase price; but II less than
amount so applied shall be stamped or
written upon said bonds or coupons, which
shall then be returned TO the holder.
Upon confirmation Of the sale, and full
compliance with the terms thereof by the
purchaser, the special master will make,
execute and deliver to such purchaser o
deed CT the property sold, In which deed
the Wheeling Bridge and Terminal Rail-
way Company and Tho Washington Trust
Company Of the City Of New York, az
trustee. will join. Upon the execution and
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 mortgaged
premises and property, and all the rights,
privileges and franchises appertaininE
Wheeling Bridge and Terminal Railway
Company now holds or enjoya or has
heretofore held and enjoyed the Same, FREQ
and discharged OF and from the lien Of tho
said first mortgage above described, and
Of the second mortgage made by said
Wheeling Bridge and Terminal Railway
Company to the said The Washington
Trust Company, Of New York, as trustee,
AnA Ahn Inlh lnA. ~ n..A Enlnar. la0M nd