Daily press. [volume] (Newport News, Va.) 1896-current, 1905-08-30
IN EQUITY.
CONSOLIDATED.


prior In lien or superior in equity to :
tho 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 abate-
mcnts, discharges, lapscs, superior in
equity to the first mortgage bonds of
the Hampton Roads Railway and Glec-
trio Company. as well as to oil supply
and labor liens and other liens and
claims which may hereafter he adj
jutlicatcd BIZ the court to have priority
over said mortgage bonds, provided.
however. that sucir demands, Horders.
etc, or liens or claims have been
heretofore proven before tho commits.
sloncr In this cause, or shall be proven
before the said commissioner prior to
the first day Of October, 1905, anu not
thereafter. But II is not intended by
anything In this provision to require
proof before said commissioner. of any
fec or cost, unless the court shalthere- ;,
after sec fit to require tho same. And
all persons whom 1t may concern are
hereby notified TINT all persons who
hold claims of any charaetcr whatso.
ever against the said Hampton Roads
Railway nnd Electric Company, or said
receivers, are required tn prove, the
same before the commissioner in this
cause, prior to the first day of October.
1908, rs above provided.
In the event. that the said purchaser
or purchasers, or his or their assigns,
shall after final adjudication ana ode-
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-
chascrs, or his or their assigns, may
lilc his petition i, the said court to
have such claim enforced against the
property aforesaid III accordance
with the usual practice of the Circuit
Court of the United States for the
Eastern District of Virginia, in rcla-
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 APP
peal from any Judgment, decree Or or
| Ter made thereon.
For the purpose of enforcing the
| foregoing provisions, jurisdiction of
| his cause will be retained and the
fourt reserves the right to rc-tukc ami
! resell the property in the event that
| the said purchaser or purchasers or
his or their assigns, shall fail to com
| ply with any order of the court for tho
payment Of such prior indebtedness or
| liability. la3ri,st
| The purchaser of the said property
shall take the same subject 10 the per-
rormance by him, or his assigns, of
| Ill pending contracts Heretofore law
| iully made by the receivers in respect
| hereof, with all rights thereto enjoyed
1nd held by the receivers.
| Upon payment of the purchase
| uripn l,y tbo t,itrrhnuOr
| Or upon making such provision as the
| court shall approve for the payment
thereof, the commissioners will exc
| cute n decd or deeds conveying the
| property and franchises sold TO such
| purchaser or purchasers or his or
| their assigns and OH the execution
md delivery of such deed or deeds the
| grantee will he let into the possession
II 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-
lition that the court may rc-talke and
resell the property In case any such
| purchaser or purchasers. his or their
assigns, respectively. shall fail to pay
my of the balance of tho purchase
oricc remaining unpaid, or to comply
with any order of the court in respect
iG the payment of the prior indebted
,css. obligations and liabilities ass pro-
vidcd i'll said decree or said supple
mental decree.
| The purchaser or purchasers of the
property and his or their assigns, re-
ipcctivcly, after suchiG aliveryiof said
premises. shall hold, possess andse
joy the same, and oil the rights, priv
ilcgcs, immunitics and franchises APP
pertaining thereto, as fully AMI COM
plctcly MS the Hampton Roads. Rail-
way and Electric Company, or. tile re
ceivcrs thereof. now hold or enjoy. the
same, or held or enjoyed, orIwere en-
titled to hold or enjoy the same
1T the time OF the execution of
said mortgage or mt my time since;
md the purchaser or purchasers and
lis or their Successors, or assigns,
respectively, shall thcrcupon lie en-
titled to have and hold the premises
so conveyed free and discharged from
the lien and incumbranco Of said mort
gage dated February list. 1901. and
from the claims Of all other partics 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 he paid or hereafter shall be adj
judged to be prior in lien or superior
in equity 10 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. ~ g. .Jke e., Ia,
The purchaser shall comply with
any and every condition herein men
toned or mentioned In sniIl decree as
fully and completely MS If expressly
set out herein, refc- nee thereto being
| hnrObu y,,oIn -l..".. .lt.J.4