The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1900-09-06
BLACKWELL TOBACCO
COMP ANY TO Be SOLD
Judge Simonton Granted the
Order tuesday.
TO BE SOLD NOVEMBER 9th
Property to Be Sold at Public Auction
at Durham Court House.
S4,OO0,O0O LEAST BID RECEIVED
The Purchaser Is to Pay $l00,O00 Cash, and
the Remainder, 100000 in One
Week After Contamination
by Court of Sale.
TO BE SOLD NOVEM Der 9th
Property to Be Sold at Public Auction
at Durham Court House.
$4,000 900 LEAST BID R CEIvfD

Simonton decides with the trust.
Mai. Guthrie is ''out in the cold" The
| Blackwell 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 four million
dollars will be received One hundred
| thousand dollars of this is to be paid
within an hour after the bid has been
accepted, and the remainder to be
paid within a week after cOntrma-
ton of the sale.
The case has been one of the hard
est fought legal battles that ever took
place in the State. 1t was tried be-
fore Judge Simonton and was decided
by him at Asheville, ON last Tuesday,
both the plaintiff and defendant hav-
inb agreed that the case be decided
outside of the territory of the court
in which the case was brought
The order was received by Clerk
Riddicll here yesterday. The order
recites that il is heard upon a mo-
ton for sale by complainant.
1t goes on:
| cival S. Hill, the receiver heretofore
| appointed, shall offer for sale at pub
lie auction at the county court house
of Durham county on the first Mon
| day in November, 1900, at II O'Clock
a. m all the real and personal prop
erty, good will, business, trademark,
fixtures, trade names, symbols, labels,
supplies, materials, outstanding bills
and accounts receivable, cash, chooses
| in action, patents, franchises, and all
other property, estate and rights, of
Blackwell's Durham Tobacco Com
pany, of whatever kind and nature
and wherever situate, as a whole"
A description of the real estate fol-
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
circulation published in said Durham
county.
"At said sale the receiver shall an
nounce that he will not receive any
bid of less amount than four million
dollars. and at the conclusion of the
bidding the receiver shall announce
the name of the last and highest
bidder. and the amount of his bid,
and the said last and highest bid
der, and the amount Of his bid, and
the said last and highest bidder shall
deposit with and pay the said re-
ceiver the sum of one hundred thou
sand dollars, either in cash or by
certified check, payable to the order
of said receiver, whereupon said re-
ceiver shall deliver to the said last
and highest bidder receipt acllnOWl-
edging payment to said receiver of
said sum of money, either in cash
or by certified check, and that said
receiver hold the same to be applied
upon the payment of the purchase
price for 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 bid
der if the bidder shall in all respects
comply with the terms OF sale, and
the sale shall nevertheless be not con-
firmed by court.
eff 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, without
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 af-
ter said sale, report the same, with
his recommendations to this court
for further orders and directions, and
if said sale is confirmed by order OF
court the deposit or payment of said
sum of one hundred thousand dollars
made by the highest and best bidder,
shall be applied to the payment OF
the purchase price, and the balance
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 Le-
titia M. Geer, Mary r. Geer and Anna
Carples, citizens of New York. -