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

purposes as the court shall direct, but IL
the said sale shall not be confirmed the
deposit 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 apportloned
as against the Atlanta, Birmingham ana
Atlantic Railroad Company the sum of
S3SO9,l III, with interest thereon at
per cent per annum from July I, 1918,
until paid, and such portion will be paid
our 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,
VICTOR LAMAR SMITH
Master Commissioner.
CURRIER. YOUNG a. PILLSBURY,
Of Boston;
SLATON & PHILLIPS,
Of Atlanta,
Complainants 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. 1899, 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
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 1
o'clock p. M, 1914, the following de-
| scribed property, to wit:
(a) 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 a 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
| minal facilities and constituting an en-
| trance to the city of Atlanta, and ter
minal facilities necessary In and near
| the city of Atlanta.
lb) 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 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 T.
1911
fc) 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-
ga Terminal mortgage, including said
| lands acquired by exchange under said
petition Of october 4, 1911
ID All personal property Of every kind
and description belonging TO the said
Georgia Terminal Company. or acquired
or possessed by the receivers. and ali
the appurtenances. equipments, rights
and franchises unto any Of the property
described herein and in paragraphs ca,
tb) and 4cl above, belonging, or in any
way appertaining. and the income, tolls,
rents. issues and profits thereof and
all things belonging 70 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
lacquired or possessed by the receivers
herein.
Said property will be sold together az
! a whole, without division into parcels.
As part of the cOnsidera ton and
purchase price Of the property, and in
addition to the sum bid, the purchaser
shall take the same and receive the
| decd therefor upon the express oondi-
ton that he or his successors or assigns
shall take the property subject TO the
| Following charges and obligations.
Any unpaid Indebtedness and obllga-
tions which shan have been legally in
CURED or contracted by the receivers
| in the operation or on account OF the
property hereby directed 10 be sold a
any time prior 10 the discharge Of such
nna
hcates.
ANY unpaid indebtedness and llabil-
tiles contracted or incurred by the Geor-
gia Terminal Company prior to the
appointment Of receivers, with respect
% which a petition in Intervention or
any proof Of claim has heretofore been
Aied. which the court shall hereafter
Adtudge to be entitled in equity TO pay
nent prior 10 the payment OF the bonds
secured by he mortgage foreclosed
The purchaser shall also take the
property subject 10 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 he 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
tS26.000l dollars in money or certified
cheek upon any national bank or trust
company IN the cities Of Boston. New
York or Atlanta, the deposits received
from any unsuccessful bidder shall he
returned when the property rs struck off
In case the bid should be executed and
the sale confirmed and q successful bid
der shall comply with the terms there
Of. the deposit shall be credited on the
purchase price In the event that any
bidder shall fan to make good his bid
upon acceptance by me and conhrms-
ton by the court, or shall fall 10 com
ply with any further order Of tho court
In regard to the payment pf the balance
Of The purchase price. said deposit shall
be forfeited as liquidated damages and
shall he 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 10 such other
purposes as the court shall direct, hut
If the said sale shall not be confirmed
the deposit shall be returned to the bid
der.
Upon confirmation Of such sale there
shall he paid i'm 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
OF the debt evidenced by receivers
certificates the court has apportloned as
against the Georgia Terminal Company
the sum Of sii2.21S00 with interest
thereon az 5 per cent per amman from
July T. 1914. untll paid. and such por
TORS VIII 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
were set forth herein.
VICTOR LAMAR SMITH,
Master Commissioner