Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-23
COMMISSIONERS SALE.
IN EQUITY.
CONSOLIDATED.

" IN w c'"'h w " Do
prior in lien or superior In equity to
he said mortgage, and of which the
court shall direct the payment, that
s to say, the said sale shall be made
subject to all demands, claims, abate-
incnts, discharges, lapScs, superior in
equity to tho first mortgage bonds Of
:hc Hampton Roads Railway and Flee
trio Company as well as to all supply
ind labor liens and other liens ami
claims which may hereafter be ad-
Indicated BIZ the court to have priority
over said mortgage bonds, provided,
wcv h IL such demands. orders.
etc, or liens or claims have becn
heretofore proven before the commis.
Sioncr in this cause. or shall he proven
before the said commissioners prior to
the first lay of October, 1905, and not
thereafter. l'ut it is not intended by
anything in this provision to require
proof before said commissioners of any
roe or cost, unless the court shall here
litter see fit to require tho sauiG. And
I'll persons whom it may concern are
hereby notified that all persons who
hold claims of any character whatso-
aver against the said Hampton Roads
Railway and Electric Company, or ssaid
receivers. are required To prove the
same before the commissioner in this
'tuSt. Inltl 10 TIC HIST Hay Ol October,
l?05, as above provided.
In the that the said purchaser
or purchasers, or his or their assigns,
shall after final adjudication and de-
:nand refuse Ia nay any of the said
Indebtedness or liabilities. the persons
holding The claim thereof. upon fifteen
lays notice to such purchaser or pur-
| c~haScrS, Or his or their assigns, may
lllc his petition in the said court to
nave such claim enforced against the
property aforesaid, in accordance
with the usual practice of the Circuit
Court of the United States for the
Eastern District Of Virginia, in rela-
ton to claims of similar character;
ana such purchaser, or his assigns.
shall have The right to appear anu
make defense to any claim or dcbt or
lcmand so sought tn he enforced: aud
my party shall have the right to an
peal from Any Judgment, decree or or
der made thereon.
| For the purpose of enforcing the
foregoing provisions. jurisdiction OF
this cause will be retained and tile
'ourt reserves the right to rc-takc and
resell the property in the event that
inc Shld purchaser or purchasers or
ms or thcir assigns, shall fail to COM
| MY with any order of the court for tho
payment OF such prior indebtedness or
| liability.
The purchaser of the said property
snail axe the same subject to the per-
torrance hy him, or his assigns, OF
al pending contracts Heretofore law
iully made by the receivers in respect
hereof. with all rights thereto enjoyed
and held by the receivers.
Upon payment Of the purchase
| llfiCr hV Tho nurrlIncrr mr. ,,,,oI,o.Dr,
or upon making such provision MS the
eo'irt Sha approve for the payment
thereof. the commissioners will iexc-
cute IL decd or deeds conveying tho
property and franchises sold to such
purchaser or purchasers, or his or
their assigns and ON the execution
anu delivery Of such decd or deeds the
grantee will he let into the possession
OF the premises so conveyed and the
receivers will deliver such Dronerty
over to the purchaser or purchasers,
his or their assigns. subject to the con-
itloh mat the court may eta aud
resell the property in case any such
purchaser or purchasers, his or their
assigns, respectively, shall fail to pay
any al the balance of tho purchase
price remaining unpaid, or to comply
| with any order of the court In respect
& the payment of the nrior indebted
icss. obligations and liabilities as pro
Vided i'll said decree or said supnle.
mental decree.
me purchaser or purchasers of the
property and his or their assigns, re-
Sl'ectlvcly, after such delivery of said
premises, shall hold, possess and on
Joy the same, and all the rights. priv
llescs. immnnitics and franchises m.
pertaining thereto, as fully anu com
pletcly as the Hampton Roads Rail-
way and Electric Company, or the re.
ceivcrS thereof, now hold or cnioy The
same, or held or enjoyed. or were en-
titled TO hold or enjoy the same
mt the time of the execution of
said mortgage or al any time since.
and the purchaser or purchasers and
lis or ihci Successors, or assigns.
respectively. shall theretponp '1ih On.
Titled to have and hold the Premises
| % conveyed free and discharged from
I he lien and incumhrance of said mort.
cage dated February LIST, 1901, and
] rom the claims Of all other parties to
| his cansc and those claiming under
| hent. save only as herein expressly
'eservcd, hut subject to such claims
md allowances as heretofore ordered
o he paid or hereafter shall be ad-
Judged to be prior in lion or superior
IN equity to said mortgage and which
IS provided in said decree or sunnle.
mental decree may he required to he
| paid in addition TO the purchase nrice
l bid. IT1
The purchaser shall comply with
any II every condition herein men
tioned or mentioned in said decree as
fully and completely as IL expressly
sci Ort herein rpfarnnno fbntntni hoi,u