Daily press. [volume] (Newport News, Va.) 1896-current, 1905-09-21
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, tho said sale shall he made
subject to all demands, claims, abatc.
mcnts, discharges, lapsos, superior in
equity to the first mortgage bonds of
the Hampton Roads Railway and Elcc.
trio Company. MS well as to all supply
and labor liens and other liens and
claims which may hereafter be adj
judicatcd 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.
sloncr in this cause, or shall he proven
before the said commissioner prior to
the first day Of October, 1905, aud not
thereafter. But 1t is not intended by
anything In this provision to require
proof before said commissioner of any
Zee or cost, unless the court shall here
after sec fit 10 require the same And
all persons whom 1t may concern are
hereby notified that all persons who
hold claims of any character whatso,
ever against the said Hampton Roads
halfway 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,
1908, as above provided
In the event that TIE 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.
chascrs, or his or their assigns, may
iilc 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 rcla.
ton to claims of similar character;
and such purchaser, or his assigns.
shall have the right tn appear and
make defense To any claim or debt or
demand SO sought to be enforced; and
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 he retained and the
court reserves the right to rc-takc ana
resell the property in the event that
the said purchaser or purchasers ur
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 tho said property
shall take the same subject to the per.
torrance by him, or 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 decd 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 decd or deeds the
grantee will be let into the possession
of the promises 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 rc-takc and
resell the property in case any such
purchaser or purchasers, his or thciI
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 rs pro.
vided i'll said decree or said supple
mental decree.
The purchaser or purchasers of the
property and his or their assigns, re
sDectivcly, after such delivery Of said
premises, shall hold. possess and cn.
I'm oil In
ileges. immunitics and franchises ap.
plctcly as the Hampton Roads Rail.
way and Electric Company, or the re.
ceivcrs thereof, now hold or enjoy the
same. or held or enjoyed. or were ell
titled to hold or enjoy the same
at the time of the execution of
said mortgage or at any time since :;
aud tho purchaser or purchasers and
his or their SUCCESSORS, or assigns.
respectively, shall thcrcupon be en-.
titled to have and hold the premises
so conveyed free and discharged from
the lien and incumbrancc Of said mort
gage dated February LIST, 1901, and
from the claims of all other parties to
this cause and those claiming under
them, save only rs herein expressly
reserved, but subject to such claims
and allowances as heretofore ordered
to be paid or hereafter shnll be adj
judged to he prior in lien or superior
in equity to said mortgage and which
as provided in said decree or supple.
mental decree may he required to he
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 il expressly
set out herein, refe-cncc thereto being
hnrnhu mndn .----