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

600, bearing interest al the rate or
per cent per annum, payable semi an
nually on July ! and January l, in each
year, the principal being payable IN
semiannual installments of $4,000
each, payable January | and July IN
each year. beginning January /, 1908,
and ending June !, 1917.
Amount Of principal outstanding july
!, 1913, S6SS 600
Said property will he sold together,
as a whole, without division into par
cells
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 upon
the express condition that he or his
successors or, assigns shan take me
property subject 10 the Following
charges and obligations:
Any unpaid Indebtedness and ohhga-
lions 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 10
the discharge of such receivers, other
than receivers certificates.
Any unpaid Indebtedness and Habit
tiles contracted or incurred by the Az
lanta, Birmingham and Atlantic RAN
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, which
the court shall hereafter adtudge 10 pc
tlllllltu Ill equity 10 pay IlitAiA ~ w
the payment of the bonds secured by
the mortgage foreclosed.
The purchaser shall also take the
property subject to the performance ~
him or his successors or assigns OF all
pending contracts heret ofOre 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 heretofore
a cd aI unfit mo &c a nlnhUp a
good his bid in case Of acceptance the
sum of fifty thousand S50OO0) dollars
in money or certified check upon any
national bank or trust company IN the
the deposit received from any unsuc-
cessful bidder shall he returned when
the property is struck off In case ting
bid should be executed and The SAFE
confirmed and a successful bidder snall
comply with the terms thereof, the de-
posit shall be credited on the purchase
price In the event that any bidder
shall fail to make good his hid upon ac-
ceptanCe by me and confirmation py tIle
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 for
feited as liquidated damages and shau
be 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 snail direct, nut II
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.
OF the debt evidenced by receivers
certificates the court has apportioned
as against the Atlanta, Birmingham and
Atlantic Railroad Company the sum OF
$500, 121 with interest thereon at .
per cent per annum from July /, 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.
VICTOR LAMAR SMITH,
Master Commissioner.
CURRIER, YOUNG e PlLLSBURI,
Of Boston;
SLATON & PHILLIPS,
Complainant's Solicitors.
ROSSER q 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 win 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 /
o'clock p m, 1914, the following de
sCrihed 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 a or near the cen
ter Of the city of Atlanta together with
yards, depots, grounds, real estate, sta
tons, sdetracks, spur tracks. and ter
minal facilities and constituting an en-
trance to the city Of Atlanta, and ter
minal facilities necessary i'm aud 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 I TO rs, inclusive, and the para
graph following clause rs, Of the de-
scriptiou Of the premises conveyed hy
the Georgia Terminal mortgage, except
those of said tracts exchanged on petit
ton Of the receivers dated october 4,
1911.
tc) 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
petition OF October q. ie1t
Id All personal property Of every kind
and description belonging to the said
Georgia Terminal Company, or acquired