Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-27
IN EQUITY.
CONSOLIDATED.

prior In lien or superior In equity to
the said mortgage, and of which the
court shall direct the payment, that
is to say, the said sale shall be made
subject to all demands, claims, abatc.
mentS, discharges, lapses. superior In
equity to the first mortgage bonds of
the Hampton Roads Railway and Elec.
trio Company us well as to all supply
and labor liens and other liens and
claims which may hereafter be ad.
Indicated b" the court to have priority
over said mortgage bonds, provided,
however, that such demands, orders.
etc, or liens or claims have been
heretofore proven before the commits,
sloner III this cause, or shalt be proven
before the said commissioner prior to
the first day Of October 1905, and not
thereafter. But it is not intended by
anything in this provision to require
proof before said commissioner of any
fee or cost, unless the court shall here
alter see fit to require the same And
all persons whom it may concern are
hereby notified that all persons who
hold claims of any character whatsO
ever against the said Hampton Roads
Railway and Electric Company, or said
receivers, are required to prove the
same before the commissioner in this
cause, prior to the first day of October,
1905, as above provided.
In the event that the said purchaser
or purchasers, or his or their assigns,
shall after final adjudication and de-
mand refuse to pay any of the said
indebtedness or liabilities, the persons
holding the claim thereof, upon fifteen
days notice to such purchaser or pur
ChnSnrS hfc
Tile his petition il the said court to
have 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 N.rginia. in rela.
ton TO claims of similar character:
and such purchaser, or his assigns.
shall have the right to appear and
make defense to any claim or debt or
demand so sought to he enforced: and
any party shall have the right to ap.
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 the
court reserves the right to re.tako and
resell the property in the event that
inc said purchaser or purchasers OF
his or their assigns, shall fail to com.
ply with any order Of the court for the
payment of such prior Indebtedness or
liability
The purchaser of the said property
shall take the same subject to the per.
formance by him, OF his assigns, of
all pending contracts Heretofore law
fully made by the receivers in respect
thereof, with all rights thereto enjoyed
and held by the receivers,
Upon payment of the purchase
price by the purchaser or purchasers
or upon making such provision as the
court shall approve for the payment
thereof, the commissioners will exc.
cute deed or deeds conveying the
property and franchises sold to such
purchaser or purchasers, or his or
their assigns and on the execution
and delivery OF such deed or deeds the
grantee will be let into the possession
of the premises SO conveyed and the
receivers will deliver such property
over to the purchaser or purchasers,
his or their assigns, subject to the con.
dition that the court may re-take and
resell the property in case any such
purchaser or purchasers, his or their
assigns. respectively. shall fail to pay
any of the balance of the purchase
price remaining unpaid, or to comply
with any order of the court in respect
to the payment of the prior indebted.
ness. obligations and liabilities as pro.
vtded In said decree or said supple.
mental decree.
The purchaser or purchasers of the
property and his Oh their assigns, re.
spectively, after such delivery of said
premises, shall hold, possess and en-
joy the same, and all the rights, priv.
lleges, immunities and franchises ap.
pertaining thereto, as fully and com.
pletely as the Hampton Roads Rail.
way and Electric Company, or the re.
ceivers thereof. now hold or enjoy the
same, or held or enjoyed, or were en-
titled to hold or enjoy the same
at the time OF the execution of
said mortgage or at any time since;
and the purchaser or purchasers and
his or their successors, or assigns,
respectively, shall thereupon be en-
titled to have and hold the premises
SO conveyed free and discharged from
the lien and incumbrance of said mort.
gage dated February 1st, 1901, and
from the claims of all other parties to
this cause and those claiming under
them, save only as herein expressly
reserved, but subject to such claims
and allowances as heretofore ordered
to be paid or hereafter shall he adj.
Judged to be prior in lien or superior
in equity to said mortgage and which
as provided in said decree or supple
mental decree may be required to be
paid in addition to the purchase price
bid.
The purchaser shall comply with
any and every condition herein men.
toned or mentioned in said decree as
fully and completely as if expressly
set out herein, refe- nee thereto being