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

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 SL720, :
600, bearing interest al the rate Of 5
per cent per annum, payable semi-an-
nually on July | and January !, In each
year, the principal being payable IN
semi-annual installments of $4,000
each, payable January l and July ! IN
each year. beginning January |, 1908,
and ending June /. 1917.
Amount Of principal outstanding July
/, 1918, s6SS, 600.
Said property will he sold together,
as a whole, without division into par
GELS.
As a part of the consideration and
purchase price, and In addition to thr
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 ohliga-
lions whcA shall have been legally IN
CURED or contracted by the receivers IN
the opera ton or ON account Of the prop
erty TO be sold, a any time prior to
the discharge of such receivers, other
than receivers certificates
Any unpaid Indebtedness and liabll-
tiles contracted or incurred by the At
lanta. Birmingham and Atlantic kali
road Company prior to the appointment
of receivers with respect to which pc
tition in Intervention or any PROOF OF
claim has heretofore been MED, WhlS en-
the court shall hereafter adjudge to ne
entitled in equity TO payment prior 10
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 or an
pending contracts heretofore lawfully
made by the receiver or receivers win
respect to the property sold, lnciuclhs
contracts for the purchase OF equipment
No bid will be received by me unless
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 CSbOgOO) dollafs
in money or certified check upon any
national bank or trust company in the
cities of Boston, New York or Atlanta;
the deposit received from any unsuc-
cessful bidder shall be returned when
the property is struck off. In case ing
bid should be executed and the SAFE
confirmed and a successful bidder shall
comply with the terms thereof. the de-
post shall he credited on the purchase
price In the event that any bidder
shall fail to make good his BID upon &C
ceptance by me and confirmation by the
court or shall fail to comply with any
further order Of the court in regard 10
the payment of the balance Of the pur-
chase price, said deposit shall be tor-
feited as liquidated damages and shau
he applied toward the expense OF any re
sale ordered or toward making goOG
any deficiency or loss in case the prop
erty 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
deposft shall be returned to the bidder.
Upon confirmation of such sale there
shall 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 Atlanta. Birmingham ana
Atlantic Railroad Company the sum OF
$500 t2l, with interest thereon at 8
per cent per annum from July |, 1913,
until paid, and such portion 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.
CURRIER, YOUNG g. PILLSBURY,
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. 1893, subtitle Old Colony Trust Com
pany trustee. versus Georgia Terminal
Company ct al, l will sell ct public auc
ton, 10 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 p. m, 1914, the following de-
scribed property. to wit:
fa) 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 Howels, in said State OF
Georgia, to point at or near the cen
ter of the city Of Atlanta, together with
yards, depots, grounds, real estate. sta
lions, sidetracks, spur tracks, and ter
mnaJ facilities and constituting an en-
trance TO the city of Atlanta, and ter
minal facilities necessary in and near
the city of Atlanta,
Cb) 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 rs, 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 petit
ton of the receivers dated October 4,
1911.
1c) All lines Of railroad. terminal facil-
tiles, and 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 mort gage, including said
lands acquired by exchange under said
petition of October 4. 1911,
"a All personal property Of every kind
and description belonging to the said
Georgia Terminal Company. or acquired
or possessed by the receivers, and an
the appurtenances. equipments, rights
and franchises unto any OF the property
described herein and In para graphs (a),
OBJ and (c) 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 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-
ton completed, constructed or otherwise
ACQUIRED or possessed by the receivers
herein.
said property will be sold together as
whole, without division into parcels
As a part OF the consideration and
purchase price Of the property, and In
addition 10 the sum bid. the purchaser
deed therefor upon the express condi-
tlon that he or his succesSOrs or assigns