The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-05-01
POSTER & WATKINS,
1865 MAIN STREET.


commissioners Of Ohio county.
Excepting from the above described
property, however, SO much ana sucu
parts thereof as have been heretofore con-
veyod by the receiver or released from the
lien of said first mortgage. In which Is In
cluded the following, to-wit: the parcels
in the town OF Bcnwood conveyed to the
Riverside Iron Works on August 3, 1893,
consisting OF 6.7ii acres; TO Alfred Cald-
we'll I'm August. 1893, consisting of strip
OF ground In the city OF Wheeling, 'front.'
ing 9.H feet on Market street ana 1919
feet on Eighteenth street; parcel IN said
city OF Wheeling conveyed to Joseph
Whltehouse on February H. 1900, being
part Of lot in square %: and a parcel
In said city OF Wheeling conveyed to John
Palmer on said February IA 300 being tho
north half Of lot ! In square %: ana q small "
parcel on The Peninsula, agreed by said
receiver TO be transferred to the commits
sioners OF Ohio county In exchange Tor
the parcel mentioned In the last preceding
paragraph hereof.
ed by said DEGREES, without valuation, ap-
praisemcnt redemption or extension; and
all such property Will be sold in one par
Gel, as an entirety
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
will accept no bid for the property from
any bidder for n sum less than Sl5l,0Q9 nor
from any bidder who shall not place in his
hands at the time OF making the. bid. as
q pledge that such bidder will make coed
his bid II accepted by the court the sum
OF So, 900. in money or certified check upon
any national bank or trust company in
the city OF New York, An moneys 50 Dc
posted by unsuccessful bidders VIII be re-
turned TO them by the special master after
the property shall have been knocked
The purchaser shall sign memoran-
dunn OF the purchase at the time and place
OF sale. and at the same time shall. In adj
dItIon to the deposit of 81. 600, above mem
toned, further pay TO the special master
an additional sum OF $4,000. in cash or
certified check, rs aforesaid. or IN lieu
thereof may deposit with the special mas
ter 600 par value OF the said first mort.
gage bonds The 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 Hen OF bonds required to he
deposited as aforesaid Mt the time OF sale
on account Of the payment of the purchase
price bid. with Ike force ard effect as
though the bonds therein named had been
delivered 10 him.
All sums received by the special master
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
nents OF part OF the purchase price, IN
cash, from time TO time, as the said
United States Circuit Court for the Dis
triet OF West Virginia may direct, IN order
to meet the costs. compensation ana eX-
penses of the trustee and OF It's solicitors,
and OF the solicitor for the defendants,
and the expenses OF the suit and to pay
such claims. II any, aEatnst the mort
gagged property as the court may adjudge
10 he prior in equity to the said hrst
mortgage bonds
The court reserves the right to reject
unI OILS IN tho nr0nnftV
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 ana
the sale confirmed, the person making the
bid shall forfeit the said sum OF $500
above provided TO 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
he applied as the court may direct II
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 5000
above provided for. together with all other
payments and deposits made by him. VIII
be applied on account OF the purchase
The balance OF the purchase price, over
and above the portion thereof required
10 be paid In cash. shall be paid at such
time or times as the said court may direct
and may be paid IN whole or In part by
paying over and suTrendering to the said
special master outstanding first mortgage
bonds and overdue coupons appertalning
thereto. secured by said first mortgage,
said bonds and coupons being received at
such price or value as shall be equivalent
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
that may be used to make such payment
shall be cancelled by the special master
II the whole amount due thereon Is applied
upon the purchase price; but II lees than
the whole amount Is applied, then the
amount so applied shall be stamped OF
written upon said bonds or coupons, which
shall then Ice returned TO the holder.
Upon confirmation of the sale, and fun
compliance with the terms thereof by the
purchaser the special master will make,
execute and deliver TO such purchaser a
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, 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 aud enjoy the said mOrtgaged
premises and property, and all the rights,
privileges and franchises nppertainlng
thereto, as fully and completely as the said
Wheeling Bridge and Terminal Railway
Company now holds or enjoys, or has
heretofore held and enjoyed tho same, free
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,
dated the 10th day OF October 1872. and
recorded In the office OF tho clerk Of Ohio
county. In the state OF West Virginia. on
the i2th day OF November, 1870, and IN the
office OF the recorder Of Belmont county.
in the state OF Ohio. on the 18th DAY Of
November. 1880, and from any and MI
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 bf said courts on !llc with the no
spective clerks thereof.
Dated, April u, 1900.
NELSON c. HUBBARD,
Special Master,
i4sl Chapllnc Street.
Wheeling, West Va,
RUSSELL & PERCY.
"a = III.