Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-26


ROSSER & BRANDON,
DEFENDANTS Solicitors.
Court Of the United States for the
Northern District OF Georgia in re Old
Colony Trust Company, trustee, versus
Atlanta, Birmingham and Atlantic Rail-
road Company ct al, consolidated cause
No. 1893. subtitle Old Colony Trust Com
pany. trustee. versus Georgia Terminal
Company ct al, / viii sell at public auc-
ton, to the highest bidder, upon the
premises, at the freight station Of the
Georgia Terminal Company at Atlanta,
Georgia, on the 2sd day of April. at /
o clock p. m. 1914, the following de-
scribed property, to wit.
la) The line OF railroad about three
miles IN length of.the main line extend
Atlanta, near Howells, In said state OF
Georgia, to a point at ar near the CEN
ter OF the city Of Atlanta, together with
yards, depots, grounds, real estate, sta
tons, sidetracks, spur tracks, and ter
Ininal facilities and constituting an en-
trance to the city OF Atlanta, and ter
minal facilities necessary In and near
the city Of Atlanta.
(b) The tracts or parcels Of land lying
and being IN the State Of Georgia,
County Of Fulton and city OF Atlanta,
and more particularly described in
clauses TO Is, Inclusive, and the para
graph following clause IS, Of the de-
scription Of the premises conveyed by
the Georgia Terminal mortgage, except
those of said tracts exchanged on petl-
ton Of the receivers dated October 4,
1911.
(c) All lines Of railroad. terminal facil
tties, land and other property Of every
description completed, constructed or
otherwise acquired or possessed by the
Georgia Terminal Company and the re-
ceivers since the execution Of the Geor-
gia Terminal mortgage, including said
lands acquired by exchange under said
petition of October 4, 1911
ID All personal property Of every kind
and description belonging to the said
Georgia Terminal Company, or acquired
or possessed by the receivers. and al
the appurtenanoes, equipments, rights
and franchises unto any Of the property
described herein ana In paragraphs (a),
OBJ and (cl above. belonging, or In any
way appertaining. and the income, tolls
rents, issues and profits thereof. and
all things belonging TO or used or de-
signed for use for or In connection with
any Of the said property, including ali
OF said property and things above-men-
TONED and described, acquired by the
defendant, Georgia Terminal 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
property and property OF every descrip-
ton completed, constructed OF otherwise
acquired or possessed by the receivers
herein.
said property viii be sold together as
q whole, without division into parcels
As a part OF the consideration and
purchase price Of the property, and IN
addition to the sum bid, the purchaser
shall take the same and receive the
deed therefor upon the express condl-
tion that he or his successors or assigns
shall take the property subject to the
following charges and obligations:
Any unpaid Indebtedness and obliga-
lions which shall have been legally In
CURED or contracted by the receivers
in the operation or on account OF the
property hereby directed TO be sold at
any time prior TO the discharge Of such
receivers. other than receivers certi-
fcates.
Any unpaid indebtedness ana Habit
tiles contracted or incurred by the Geor-
gia Terminal Company. prior to the
appointment Of receivers, with respect
20 which petition in Intervention or
any proof OF claim has heretofore been
nled which the court shall hereafter
Adjudge to be entitled In equity to pay
ment prior to the payment of the bonds
secured by the mortgage foreclosed.
The purchaser shall also take the
property subject 70 the performances 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 equipment.
No bid will 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-five thousand
(s25.000) dollars IN money or certified
check upon any national bank or trust
company In the cities Of Boston, New
York or Atlanta; the deposits received
from any unsuccessful bidder shall he
returned when the property is struck of.
In case the bid should be executed and
the sale confirmed and o. successful bid
der shall comply with the terms there
Of the deposit shall be credited on the
PI5lSenass prlcvs, ~, n me event tnat Sny
upon acceptance by me and confirma-
ton by. the court, or shall fail to com
ply with any further order OF the court
in regard 10 the payment OF the balance
OF the purchase price. said deposit shall
be forfeited 80 liQuidated damages and