Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-04
LEGAL NOTICES.

Railroad Company equipment agreement
to Atlanta and Birmingham Construc-
ton Company and the Trust Company
of America. trustee, dated May l, 1905,
securing notes or bonds, total author
lied issue 81 sos 900, drawing interest
at the rate of per cent per annum;
payable semi-annually on May | ana
November I in each year, principal he
ing payable in instalmnets of 100000
on the first days Of November and May
in each year. commencing May /, 1907,
and ending May 1, 1916, and $4,000
on November 1, 1916.
Amount Of principal outstanding July
/. 1913, S426, 900.
2. Atlanta. Birmingham and Atlanlc
Railroad Company equipment agreemeht
Series B, to Guaranty Trust Company. OF
New York, dated July /, 1907, securing
a total authorized issue of equipment
notes of the principal amount of Sl,f2u,-
000 bearing interest at the rate OF
per cent per annum, payable semi an
nually on July l and January l, in each
year. the principal being payable N
semiannuaI installments of $4,000
each. payable January l and July ! IN
each year, beginning January !, lsOe'
and ending June l, 1917.
Amount of principal outstanding July
I, 1913, $6SS, 900.
Said property will be sold together,
as a whole, without division into par
cells.
ASA part of the consideration and
purchase price. and in addition to the
sum bid. the purchaser shall take the
saiile a!lu 1e0eiee ~, w No. 10 or his
~ ~ $500 =, 80 ni, shau talxe the
S 9ro,,ert,, s',tiacS 20 he following
| charges and obligations.
Any unpaid Indebtedness and obliga-
| lions which shall have been legally IN
CURED or contracted oy tne recSiNe sI,I III
| 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 ceruncates $500, ,tA.,
ANY unpaid lndeptedhesS arc Hdpii
ltles contracted or incurred py the Al
| lanta, birmingham ana AudHtlc nan
| road Company prior 10 the appointment
| OF RECEIVERS, with respect 10 whlch pc
titlon IN intervention or any Piout ~; -
| clalm mas heretofore oeeh illeu' WHiSii
| the court shall hereafter anJuuse 70 "
entitled m equity TO paytnent prlor 10
| the payment OF thG noiluS SecuIe Gu ~
| the mortgage IoreclOseN
The purchaser shall also take the
| propertV 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 equipment.
| the person making same has heretofore
deposited with me as a pledge to make
] good his bid in case of acceptance the
! sum of fifty thousand (S50,Ot0) dollars
]
/ national bank or trust company in the
! cities Of Boston, New York or Atlanta;
] the deposit received from any unsuc-
cessfui bidder shall be returned whom
! the property Is struck Oft In case ting
! bid should be executed and the sale
| comply with the terms thereof the de
post shall be credited on the purchase
| price. In the event that any bidder
! shall fail to make good his bid upon ac-
| ceptance by me and confirmation by the
| court. or shall fail TO comply with any
| further order of the court in regard to
! the payment of the balance Of the pur-
feited as iiquidated damages and SHAH
n os ap prgere9 or tnwaTd making goo,s
a anv defniancv or loss in case tbe mon
e,tv a. smcI rasaIa SHAH bring less
tber The nrior sale mr. ia such other
r1'rnoses as The court shall direct. but If
ne peaid sale shan NOT he Confirmed the
Senosit ebaiI he retmrneS 70 the bidder.
| 1E1nor nnnfrrns tion ~ sucb sale there
III III h i5 ir cosh h, tbe nnrcbase
snd from lime 70 time thereafter such
fIrtber nortions on account Of the mr.
| rbass rrice of said nronerfv sold as the
| cnurt m m direct
~ nc deht evidenced nv receivars'
| certi6cates the court has app0rtioned
as AGAINST the Atlanta. Birmingbam and
| A+1a9+ic ps{iroad Comnanv tbe eY,tn ~
"a 500 iS1 WITH interest thereon AT !
ner cent per annum from July /. 1913.
PEI ,,a arJ s,,cb rnrtior vii he nai
80 II tba nroceads arising from tbis
eaIa -
Pafererce is berebv made To the fore
clos1Ira decrea IN lie cause stated for
fnr9bar 1srtic1,1nrs as f,iIiv as II SAM
were SET forth herein.
} VTCT0F LAMAR SMITH.
Nfaster Conn1issionar
C1TPpTrP yOr7WC; & PfIISBTRY
NM - i,ostor,. -
sT.AT0N e PHIiJJPS.
Ola ~ s+Ianta ~
GonaSIa;nar+,s so1ici+or.
POssFP q - T RPANTO9
~ Atlanta
DafanIant,s Solicitors
~ . ,1V--o-eo-
Pursuant to the decree of the District
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. 1898, subtitle Old Colony Trust Com
pany, trustee. versus Georgia Terminal
Company ct al. | will sell at public auc-
tion, TO the highest bidder upon the
premises, at the freight station of the
Georgia Terminal Company at Atlanta,
in the County of Fulton and State of
Georgia. on the 22d day of April, at l
o'clock D. m, 1914, the following de-
scribed property, to wit
(al The line of railroad about three
| miles in length of the main line extend
ing from point at or near the city OF
Atlanta near Howells in said State OF
Georgia. 10 a point at or near the cen
ter ~ the city Of Atlanta, together with
wards depots. grounds real estate, sta
lions, sidetracks. spur tracks. and ter
minal facilities and constituting an en-
- - ~ liz, 81 Atlanta and TOR