Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-08
LEGAL NOTICES


chase price of said properly sold as the
court may direct.
OF the debt evidenced by receivers'
certificates the court has apportioned
as against the Atlanta, Birmingham ana
Atlantic Railroad Company the sum Of
SS,SO9i2l, with interest thereon at
per cent per annum from July L. 1913.
until paid, and such portion viii 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 if same
were set forth herein
Master Commissioner
CURRIER, YOUNG q PILLSBURY.
OF Boston;
SLATON e. PHILLIPS,
Of Atlanta,
Complsinants Solicitors
ROSSER & BRANDON,
OF Atlanta,
Defendants Solicitors.
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-
ton, to the highest bidder, upon the
PltlhlHEat at Tue AAFAkliN 1L0Albl VI NfiA
Georgia Terminal Company at Atlanta,
in the County Of Fulton and state OF
Georgia on the I'D day Of April. a l
o'clock p. m. 1914, the following de-
scribed property, to wit:
Gar The line Of railroad about three
miles IN length Of the main line extend
ing from a point at or near the city Of
Atlanta, near Howells, in said state Of
Georgia to point al or near the cen
ter of the city Of Atlanta together with
yards, depots, grounds, real estate, sta
tons. sidetracks, spur tracks, and ter
minal facilities and constituting an en-
trance to the city OF Atlanta, and ter
mina facilities necessary in and near
the city OF Atlanta.
OBJ 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 l to u.s. inclusive and the para
graph following clause rs, of the de-
scriptiOn OF the premises conveyed by
the Georgia Terminal mortgage, except
those Of said tracts exchanged on petit
ton Of the receivers dated October 4,
1911.
(c) All lines Of railroad. terminal facll-
tiles, 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.
I'D All personal property Of every kind
and description belonging to the said
Georgia Terminal Company, or acquired
or possessed by the receivers and all
the appurtenanCes, equipments, rights
and franchises unto any of the property
described herein and in paragraphs ta).
tb) and Co 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-
ion VaFfft
any of the said property. including all
of said property and things above men
toned and described, acquired by the
defendant Georgia Terminal Company,
prior to the execution OF the aforesaid
mort gage, and all Of such property and
things thereafter acquired, and including
all lines of railroad. lands, personal
property and property Of every descrip-
tion completed, constructed or otherwise
acquired or possessed by the receivers
herein
Said property will be sold together as
a whole, without division into parcels
As a part of the considers ton and
purchase price Of the property, and in
addition 10 the sum bid the purchaser
shall take the same and receive the
deed therefor upon the express condi-
ton that he or his Successors or assigns
shall take the property subject to the
following charges and obi "a lions.
Any unpaid indebtedness and obliga-
tions 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 certl-
fieates.
ANY unpaid indebtedness and liabn-
tiles contracted or Incurred by the Geor-
gia Terminal Company, prior to the
appointment of receivers, with respect
"a which a petition in Intervention or
any proof Of claim has heretofore been
filed, which the court shall hereafter
ddiudge to be entitled IN equity to pay
ment prior 70 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 equipment.
No bid will be received by me unless
the person making same has thereto
fore deposited with me az pledge TO
make good his bid in case OF acceptance
the sum Of twenty-five thousand
1895, 000) dollars In money or certified
check upon any national bank or trust
company in the cities Of Boston, New
York or Atlanta, the depositA received
from any unsuccessful bidder shall be
returned when the property is struck of
In case the bid should be executed and
the sale confirmed and successful bid
der shah comply with the terms there
Of. the deposit shall he credited on the
purchase price. In tho event that any
bidder shall fail 10 make good his bid
upon acceptance by me and con1rma-
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 DANA ges and
shall he applied toward the expense of
any resale ordered, or toward making
good any deficiency or loss In case the
property a such resale shall bring less
than the prior sale, or TO such other
purposes as the court shall direct, but
IL the said sale shall not be confirmed
the deposit shall be returned to the bid
der.
Upon confirmation Of such sale there
shah 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 Slt2,27300, with Interest
thereon at per cent per annum from
July /, 1918. until paid, and such por-
lions will be paid out OF the proceeds
arising from this sale.
Reference Is hereby made TO the fore
closure decree in the cause stated Tor
further particulars as fully as II same
were set forth herein, ...-.,,
VICTOR LAMAR SMITH,
Master Commissioner.
Currler, Young 81 Phlsbury, Of Boston;
Slaton & Phillips, OF Atlanta,
Complainants Solicitors; Rosser
g Brandon, OF Atlanta, Defend
ants Solicitors.
Pursuant 10 the decree Of the District
Court of the United states for the