Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-04-09
LEGAL NOTICES.


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
S3S09,121, with interest thereon at )
per cent per annum from July I, 1913.
until paid, and such portion WIFI 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.
CURRIER. YOUNG & PILLSBURY,
Of Boston;
SLATON & PHILLIPS,
Compartments 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 1888. subtitle Old Colony Trust Com
pany. trustee. versus Georgia Terminal
Company ct al, ! will sell at public auc-
ton, 20 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
o'clock p M. 1914, the following de-
scribed property, TO wit:
ta) 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 BOwells. in said state Of
Georgia, 70 a point at 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
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 1 to 70, inclusive, and the para
graph following clause IS, of the de-
scriptlon Of the premises conveyed by
the Georgia Terminal mortgage. except
those of said tracts exchanged on petit
1911.
(c) All lines Of railroad, terminal facil-
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
nEllilDn Oh AtlNUHI - 1911
td) All personal property OF every kind
and description belonging to the said
Georgia Terminal Com pany, 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 Ia,
(b) and (c) above, belonging, OF In any
way appertaining, and the income, tolls,
rents. issues and profits thereof, and
Al things belonging to or used or de-
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
mortgage, 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 consideration and
purchase price OF the property, and in
shall take the same and receive the
deed therefor upon the express condi-
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
any time prior TO the discharge Of such
receivers, other than receivers certi-
ficates.
Any unpaid indebtedness and liabil-
tiles contracted or incurred by the Geor-
gia Terminal Company, prior to the
appointment Of receivers, with respect
70 which a petition in Intervention or
any proof Of claim has heretofore been
filed. which the court shall hereafter
Adiudge to be entitled IN equity 10 pay
ment prior to the payment Of the bonds
secured by the mortgage forecIosed.
The purchaser shall also take the
property subject to the performance by
him OF 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
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 deposits received
from any unsuccessful bidder shall be
returned when the property Is struck on.
In case the bid should be executed and
the sale confirmed and a successful bid
OF, tho deposit shall be credited on the
purchase price. In the event that any
bidder shall fall TO make good his bid
upon acceptance by me and connrma
tion 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 liquldated damages and
shall be applied toward the expense Of
any resale ordered, or toward making
good any deficiency or loss In case the
at such resale shah bring less
than the prior sale, or 70 such other
purposes as the court shall direct, but
II the said sale shall not be confirmed
the deposit shall be returned to the bid
der.
Upon confirmation OF such sale there
shall be paid in cash by the purchaser,
and from time 10 time thereafter such
further portions on account Of the pur-
chase price OF said property sold as the
court may direct
OF the debt evidenced by receivers
certificates the court has apportioned as
q gainst the Georgia Terminal Company
the sum Of S112,273O0 with interest
thereon At per cent per annum from
July /, 1913. until paid, and such por-
lions will be paid out OF the proceeds
arising from this sale.
Reference is hereby made 10 the fore |
closure decree In the cause stated for
further particulars, as fully as II same
"'' ~ VICTOR LAMAR SMITH,
Master Commissioner.
Currier, Young Pillsbury, OF Boston
SIaton & Phillips, OF Atlanta,
Complainants Solicitors Rosser
e. Brandon, Of Atlanta Defend
ants Solicitors
Pursuant to the decree of the District
Court OF the United states for the
~ Tlf uNafr NJ IA tH