The Birmingham age-herald., 1912-12-18
LEGAL NOTICES
Notice of Foreclosure Sale


 Notice of Foreclosure Sale
 Bankers Trust company. trustee. against Birmingham and Gulf Railway and Navigation company. In the district court of the United States for the west ; ern division of the northern district of Alabama.
 Under and by virtue ot a decree rem dered in the above styled cause on the Alabama, and in volume 5lO, at page 47S, 18th day of November, IJiZ, declaring a lien on the hereinafter described prop critics and assets in favo rof complain- ant, as trustee, for $69O, 792O6 aAsd to satis- fy said lien, the undersigned, as commits soner, will sell at public auction to the highest bidder at the county courthouse in the city of Tuscaloosa, Tuscaloosa county, Alabama, beginning at noon on the 30th day of December, 1912, on the terms and subject to the conditions TO- cited in said decree, all of those certain properties and assets generally described as follows:
 l. All of that certain railroad and those certain railway property and assets and equipment, and all of the properties, as- sets, rights, equities. interests and estates, real, personal and mixed, con yeyed described or referred to or intend- ed to be conveyed, described or referred to, or which subsequently came under the lien of that certain trust indenture entered into by and between the Carnegie Trust company and Birmingham and Gulf Rail way and Navigation company, dated the 7 first day of October, 1907, and to be found of record in volume 122, at page 63, of the record or mortgage in the office or the judge of probate of Tuscaloosa county, of the record of mortgages in the office of the judge of probate of Jefferson county. Alabama, and in book 8, at page 439, of the record of mortgages in the office of the collector of customs for the port of Mobile.
 9 All of those certain rights, equities, licenses, easements, privileges, franchises, rights of way, real estate property and franchises referred to or described or intended to be referred to described in that certain deed dated to-wjt, the 24th day of September, 1907, from Tidewater Development company to Birmingham and Gulf Railway and Navigation com pany and to be found of record volume 516, at page 1S5, of the record of deeds in the office of the judge of probate CT Jefferson county, Alabama.
 g. Those certain rights, equities, ease ments, privileges, franchises, rights or way, property and contracts referred to
 described or conveyed intended to be conveyed in that certain deed dated, < fo-wit the 24th day of December, 1907, : from Tuscaloosa Belt Railway company . to Birmingham and Gulf Railway and z Navigation company, and to be found or 2 record in volume 73, at page 462, Of the :. record of deeds in the office of the judge 2 of probate of Tuscaloosa county, Ala z baana and, more particularly, all that z certain line or system of railroad here : tofore owned and operated by Tusca- : loosa Belt Railway company and by ! Birmingham and Gulf Railway and Navi- : gation company in the county of Tusca- z loosa, state of Alabama, including eleven : miles, more or less, track, roadbed and z right of way, beginning at a point in or . near the city of Tuscaloosa and running :. thence in a general northeasterly direc- . tion to the town of Holt in said county : and state, together with the loop or belt ' track, and together with all and singular = the rolling stock, equipment, cars, en- 2. zines, terminals, yards, roadbeds, super z structures, bridges, rails, tracks, sidings, :. switches, viaducts, culverts, embank- = ments, depots, depot grounds, stations . station houses, warehouses, coal houses z wood houses, machine shops and other = shops, turntables, water stations, fences . telegraph, telephone and electric lines and poles, docks, wharves, wharf property, ~ structures, equipment, machinery, tools. z appliances implements, materials, furni- ture. fixtures and other chattels at any z time owned by said company and coming @s within the lien of the trust indenture first : above referred to- the line of railway above mentioned being in whole or in part, subject, as may appear, to the lien of trust indenture entered into by z and between the Tuscaloosa Belt Rail- = way and Knickerbocker Trust company, as trustee which, with an amendment or addition thereto is to be found of record in volume 46, at page 363, and in volume r s2, at page 3l2, of the record of mort . gages in the office of the judge of pro- . bate of Tuscaloosa county, Alabama.
 4 All of thea right, title, equity ana 4 estate acquired by said Birmingham and Gulf Railway and Navigation company 2 from Alabama Insane hospital and from
 T~..1w Z Alabama, respectively, by deeds to be 2 found of record in volume f. at pages 31f and S20 respectively, of the record of : deeds in the office of the judge of probate of Tuscaloosa county, Alabama. D. Fifteen acres of land, more or less, in fee simple lying along the southerly bank of the Warrior river south of the
 Mobile and Ohio Railroad company S bridge in Tuscaloosa county, Alabama.
 described or referred to in that certain deed dated August IS. 1908, from J. w. Jones and wife to Birmingham and Gulf Railway and Navigation company and to be found of record in volume 7i, at
 page 545, of the record of deeds in the office of the judge of probate of Tus- caloosa county, Alabama.
 G. Those certain steamboats and barges, together with all and singular the ma chinery. equipment and supplies appur- tenant to the same. known as the City of Mobile" John Quill" "Nettie Quill. '' s.Hard Cash" IVY. J. Bethea," "Ouachita" x and Alert together with certain E barges acquired with said steam boats all of which were con = veyed to said Birmingham and Gulf Rail- way and Navigation company by certain
 bills of sale to be found of record in the
 office of the collector of customs of the
 port of Mobile; and also that certain ma-
 chinery from steamboat at one time
 known as the Carrie and the machinery