Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-12
LEGAL NOTICES.

! bidder shall fail to make good his bid
upon acceptance by me and conhrma-
! ton by the court, or shall fail to COM
! ply with any further order of the court
| IN regard TO the payment of the balance
| OF the purchase price, said deposit shall
| be forfeited as liquidated damages and
| shall be applied toward the expense of
any resale ordered, or toward making
| good any deficiency or loss in case the
| property at such resale shall bring less
| than the prior sale, or to such other
| purposes as the court shall direct, but
/ II the said sale shall not he confirmed
the deposit shall be returned to the bid
/ der
! Upon confirmation OF such sale there
snail be paid in cash by the purchaser,
| and from time to time thereafter such
| further portions on account of the pur-
| chase price of said property sold as the
| court may direct.
or the debt evidenced by receivers
certificates the court has apportioned as
against the Georgia Terminal Company
| the sum of $l12,273O0, with interest
| thereon & - per cent per annum from
| July /, 1918, until paid, and such por-
tons will be paid out of the proceeds
| arising from this sale.
Reference is hereby made to the fore
| closure decree in the cause stated for
| further particulars. as fully as II same
were set forth herein,
VICTOR LAMAR SMITH,
Master Commissioner.
Currter. Young & Pilsbury, of Boston;
Slaton e Phillips. OF Atlanta
Compainants Solicitors, Rosser
Il Brandon Of Atlanta, Defend
ants Solicitors
Pursuant to the decree Of the District
| Court of the United States for the
Northern District of Alabama in re Old
Colony Trust Company, Trustee. YER
| sus Atlanta, Birmingham and Atlantic
RaiToad Company ct al. consolidated
cause No. 1893, sub title Old Colony
Trust Company Trustee, versus Ala
6ama Terminal Railroad Company ct al,
! VIII sell at public auction to the high
est bidder upon the premises at the
freight station Of the Alabama Terminal
County of Jefferson, State of Alabama
on the 23d day Of April eat o'clock p
NJ. 1914. the following described prop
erty Of the Alabama Terminal Railroad
Company, tG-wit:
Ca) Its line OF railroads, tracks. sid
ings, spur tracks, yards, yard tracks
depots and stations, extending from a
point in Jefferson County, State Of Ala
bama, from a connection with the At
lanta, Birmingham and Atlantic Rail-
road Company at Reeders Gap in said
Jefferson County. thence 10 and through
the city Of Bessemer and from thence to
and into the city of Birmingham. also
extending from a connection with said
Bessemer- Birmingham line, from a
point at or near the city Of Bessemer,
and extending thence to Bone Gap, in
said Jefferson County State of Ala
bama, together with all depots. stations
sidetracks, terminal tracks, Yards. yard
tracks, terminal facilities and all other
property of every kind or character APP
purtenant to the said lines of railroads,
terminals and terminal facilities.
CD The tracts or parcels Of land ly-
ing and being in the County of Jeffer-
son, State of Alabama and more par
ticularlY described in clause first to one
hundredth' inclusive, of the description
of the premises covered by the Ala
hama Terminal mortgage. except those
of said tracts exchanged for other lands
on petition of the receivers thereof
verified May :, 1910
go All lines of railroad terminal IA
cilities. lands and other property Of ev-
cry description completed. constructed
| or otherwise acquired or possessed by
the Alabama Terminal Railroad Com
pany and the receivers thereof since the
execution of the Alabama Terminal
mortgage. including said lands acquired
by exchange under said petition of May
Z. 1910.
Cd All personal property Of every
kind and description belonging 10 the
Alabama Terminal Railroad Company
| or acquired or possessed by the raceiv-
ers thereof, and ali appurtenances,
equipments. rights and franchises unto
any of the property described herein
and in Paragraphs a. b and above,
belonging or in any way appertaining
%
profits thereof. and all things belonging
to or used or designed for use for or
in connection with any OF said property
branches, including all of said property
and things above mentioned and de-
seribed. acquired by the Alabama Ter
minal Railroad Company prior TO the
execution of the aforesaid mortgage
and all Of such property and things
thereafter acquired and including all
lines of railroad, lands. personal prop
HrfV Of nagPTinffOn HOF1nfnfAA
constructed or otherwise acquired or
possessed by the receivers thereof
Said property will be sold together as
whole. without division into parcels.
As part Of the consideration and
purchase price. and I'm addition to the
sum bid, the purchaser shall take the
same and receive the deed therefor
upon the express condition that he or
his successors or assigns shall take the
property subject to the following
charges and obligations
Any unpaid Indebtedness and ohllga-
tons, which shall have been legally In
CURED or contracted by tho receivers In
the operation or on account OF the prop
erty to be sold, at any time prior to the
discharge OF such receivers, other than
receivers certificates.
ANY unpaid indebtedness and Iiabill-
ties contracted or incurred by the Ala
hanna Terminal Railroad Company, prior
to the appointment OF receivers, with
respect 10 which a petition in interven-
ton or any proof OF claim has hereto
fore been filed. which the Court shall
hereafter adjudge TO be entitled in
equity TO payment prior TO the payment
OF the bonds secured by the mortgage
foreclosed.
The purchaser shall also take the
property subject to the performance by
him or his successors or assigns of all
pending contracts heretofore lawfully
made by the receiver or receivers with
respect to the property sold. including
contracts for the. purchase Of equip
ment.
No bid viii be received by me unless
the person making same has thereto
fore deposited with me as a pledge to
make good his bid in case OF acceptance
the sum OF Twenty Thousand (S25-
O00l Dollars in money or certified check
upon any national bank or. trust com
pany in the cities OF Boston, New York
or Atlanta: the deposit received from
any unsuccessful bidder shall be re-
turned when the property Is struck off
In case the bid should be executed and
the sale confirmed and a successful bid
der shall comply with the terms there
OF the deposit shall be credited on the
purchase price. In the event that any
bidder shall fail to make good his bid
upon acceptance by me and coufirma-
ton by the Court OF shall fail to COM
ply with any further order Of the Court
In regard to the payment OF the balance
Of the purchase price, said deposit shall
be forfeited as liquidated damages and
shall be applied toward the expense OF
any re- sale ordered or toward making
good any deficiency or loss In case the
than the prior sale, or 10 such other
D,rpoaea al tho Court shall direo4 ht,f