Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-11
LEGAL NOTICES,

! bidder shall fail to make good his bid
! 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 to the payment of the balance
| or the purchase price, said deposit shall
| be forfeited as liQuidated damages and
shall be applied toward the expense OF
| any resale ordered. or toward making
| good any deficiency or loss in case the
| property at 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
| der.
Upon confirmation OF such sale there
shan be paid In cash by the purchaser,
ana from time to time thereafter such
turther portions on account OF the pur-
chase price of said property sold as the
court may direct
OF the debt evidenced by receivers
certlncates the court has apportloned as
against the Georgia Terminal Company
! the sum of S112,27300, with interest
thereon at per cent per annum from
July i, 1913, 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 for
| further particulars as fully as II same
were set forth herein.
VICTOR LAMAR SMITH,
Master Commissioner.
tlvr. IounB ~ fllSbury, or Boston;
Slston Phillips. OF Atlanta
Complalnant's Solicitors; Rosser
Brandon of Atlanta, Defend
ants Solicitors
Pursuant to the decree of the District
Court OF the United States for the
Northern District Of Alabama. in re Old
Colony Trust Company Trustee YER
sus Atlanta, Birmingham and Atlantic
Railroad Company ct al, consolidated
cause 40. 1893, subtitle Old Colony
Trust Company Trustee. versus Ala
bama Terminal Railroad COMPANY ct al,
VIII sell at public auction TO the high
est bidder upon the premises at the
freight station Of the Alabama Terminal
railroad Company, at Birmingham,
county or Jefferson, State Of Alabama,
on the sd day of April, at o'clock z.
M, l9l4, the following described prop
erty of the Ala hama Terminal Railroad
Company, to-wit:
Ca) Its line of railroads, tracks, sid
ings, spur tracks. yards, ward tracks
depots and stations, extending from a
point In Jefferson County, State of Ala
bama. from a connection with the At
lanta, Birmingham and Atlantic Rail-
road Company at Reeders Gap in said
JEFFERSON County thence to and through
the CITY OF Bessemer and from thence TO
and into the city of Birmingham; also
extending from a connection with said
Bessemer-Birmingham line, from a
point at or near the city of Bessemer.
anu SAltHulnH tneDCe To Bone Gap, in
SAID Jefferson County, State of Ala
bama, together with all depots. stations
sldetfacks, terminal tracks, Yards ward
tracks, terminal facilities and all other
property OF every kind or character APP
purtenant to the said lines of railroads.
terminals and terminal facilities.
Cd The tracts or parcels of land ly-
ing and being in the County Of Jeffer-
son, state of Alabama and more par
hcularly described in clause first to one
F4f u III
OF the premises covered by the Ala
bama Terminal mortgage. except those
or said tracts exchanged for other lands
on petition Of the receivers thereof,
verified May Z. 1910
(c) All lines of railroad, terminal IA
cilities. lands and other property of eV-
cry description completed, constructed
or otherwise acquired or possessed by
the Alabama Terminal Railroad Com
pany and the receivers thereof, since the
execution of the Alabama Terminal
mortgage. including said lands acquired
by exchange under said petition Of May
Z, 1910.
(d) All personal property OF every
kind and description belonging to the
Alabama Terminal Railroad Company
or acquired or possessed by the receiv-
ers thereof, and all appurtenances.
equipments. rights and franchises unto
any of the property described herein
and in Paragraphs a. and C above
belonging or In any way appertaininy'
and the incomes. tolls rents, issues aud
profits thereof and all things belonging
to or used or designed for use for or
in connection with any OF said property
branches, including all OF said property
and things above mentioned and de
scribed acquired by the Alabama Ter
minal Railroad Company prior 10 the
execution of the aforesaid mortgage
and al OF such property. and things
thereafter acquired and including all
lines Of railroad, lands. personal prop
erty OF every description CONNECTED
constructed or otherwise acquired or
possessed by the receivers thereof.
Said property will be sold together as
a whole, without division into parcels.
As a part Of the consideration and
purchase price, and in addition to the
sum bid, the purchaser shall take the
same and receive the deed therefor
his successors or assigns shall take the
property subject to the following
charges and obligations:
Any unpaid Indebtedness and obliga-
tons, which shall have been legally in
CURED or contracted by the receivers in
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 certificates.
Any unpaid Indebtedness and liabif-
ties contracted or incurred by the Ala
bama Terminal Railroad Company. prior
to the appointment OF receivers, with
respect to which a petition in interVen-
ton or any proof Of claim has hereto
fore been filed. which the Court shall
hereafter adiudge to be entitled i'm
equity to payment prior to 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 10 the property sold, including
contracts for the purchase of equip
ment.
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 1925 81
000) Dollars in money or certified check
upon any national bank or trust COM
pany in the cities of Boston, New York
or Atlanta; the deposit received from
any unsuccessful bidder shall be re-
turned when the property Is struck Off
In case the bid should be executed and
the sale confirmed and a successful bid
der shall comply with the terms there
OF the deposit shall he credited on the
purchase price. In the event that any
bidder shall fail 10 make good his bid
upon acceptance by me and conhrma-
ton nv the Court or shall fail to COM
in regard TO the payment Of the balance
~ the purchase price. said deposit shall
be forfeited as uquidated damages and
shall be applied toward the expense Of /
any resale ordered or toward making
good any deficiency or loss I'm case the !
at such resale shall bring less
than the prior sale, or 10 such other !