The Birmingham age-herald., 1911-12-02
LEGAL NOTICES
Judicial Sale

Snit
 In the District Court Of the United
 States, for the Northern District of Alabama, Southern Division.
 In the Matter of V. X Fl. Lumber Con- pany, Bankrupt; in Bankruptcy. No. | 10266.
 By virtue of q decree rendered in the above entitled cause on the 18th day of October 1911, I shall proceed to sell at public outcry, for cash, on Thurs day, the 14th day of December, 1911
 within the legal hours of sale, in front of the Second avenue door of the United States government building in the city of Birmingham, Jefferson county, Ala l bama, free of all liens, subject to the approval of the court, the following described property of the said bank rupt (being all of the property be- longing to the estate of said bank rupt), towit:
 That certain sawmill and sawmill plant located on the lands of Samuel J. Seay in Dallas county, Alabama, in cluding all machinery, tools, belting fixtures, appurtenances and property belonging thereto, or used in connec- , tion herewith; also the five (5) oxen (being those surviving of eight former ly sold with said milD used at said
 mill, one dray and all other property including houses, and office furniture and fixtures, used in the opera ton of said mill; also the saw logs and manu factured lumber on hand at said mill :;
 and also the good will of the business: said property being the same property
 which was by NJ. D. Wyatt and ]. W.
 Stewart conveyed to the said W. E.
 Spink and Claude Brewer heretofore on
 the 7th day of October, 19O9 by their
 deed which is recorded in Book 227 on
 page 460 in the office of the judge of
 probate in and for Dallas county, Ala
 bama together with the additions made
 thereto by the bankrupt. (The property
 described in this paragraph is here
 after referred to as the Wyatt prop
 erty).
 And also the following described
 property located and situated in Dallas
 county. Alabama, towit: All the mer-
 chantable timber and trees eight (S)
 inches in diameter, or over, eighteen G8) inches above the surface of the
 ground, standing. lying or being on
 the hereinafter described land, and all | timber acquiring such diameter during the next fifteen O5) years; the said land being described as follows, towit;
 The w. F of the S. w A and the N. E.. A of the s. w. A of section 2, and the $. w. hs of the s. w. A and the E. F of the s. w. A of section 3; and the
 s. w. F of the S. ". 4 and the W. F
 of the N. E. A of the N. w. II of sec
 tion 10; and the P. F of the N. F.. A
 of section II; and the w. 1a of the N
 w. f and the E. F of the N E. A of
 section H. and the N. w. A of the s. w.
 A of section H. and the E. F of the N.
 w. A, and the N. E. A and ten t10)
 acres in the S. E. A of the N w. A
 of section 13 and the N. w. A of sec
 tion IS, all in township IS, range Il
 east, together with all the rights and
 privileges contained in that certain
 I do
 Brewer and W. E. Spink, dated the 7th
 day of October, 1909, and recorded in
 Volume 227 on page 461 in the office
 of the judge of probate in and for
 said Dallas county, Alabama. (The
 property described In this paragraph
 is hereinafter referred to the Seay
 property).
 An inventory of the personal property herein advertised to be sold, and a
 copy of the said deed from Samuel J.. Seay to Claude Brewer and W. E. Spinls can be seen at the office of the trustee, 1923 First avenue, Birmingham, Ala. In accordance with and pursuant to the terms and directions in said de- cree contained, l shall first offer the said entire property, as whole. and, subject to the approval of the court;
 and then I will immediately, at the same time and place, offer the said Wyatt property, and after receiving the
 best bid therefor separately, I will then offer the said Seay property, and should the aggregate of such separate bids be | less than the highest bid for the whole, the sale shall be made. subject to the approval of the court. as so bid for as
 a whole; and should the aggregate of such highest bids for the separate parts exceed the highest bid for the whole, the sale shall, subject to the approval of the couft. be made to such bidders for the separate parts.
 If J. E. Cobbs, as receiver of Union Bank and Trust company, should be- come the purchaser at such sale, he may use those two certain claims which he, as such receiver has against the es- tate of said bankrupt in the sums of S138.30 and $1225.37, or any part there- of, as money, in the payment of the purchase price. except for the amount of the actual expenses of advertising and selling, which amount must be paid In money; and if Samuel J. Seay should become the purchaser, he may, after paying in money the amount of his bid up to s2138.30, plus the actual expenses of advertising and selling, use that certain claim and lien which he has upon the said Seay property, as money, in the payment of the purchase price of the said Seay property. The purchaser, or purchasers, will be required to pay in money at the time
 of sale 20 per cent of his or their bid, or bids, not to exceed the entire amount of money such purchaser or purchasers would have to pay if the sale to him were confirmed by the court; and the balance of the bid to be paid upon | confirma ton of the sale by the court. This the 9th day of November 1911 w. c. HAMILTON, Trustee. NATHAN l.. MILLER,
 Attorney for Trustee. 1l-ll-4t-sa