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

Series b, to Guaranty Trust Company of
| New York, dated July 1. 1907, securing
total authorized issue of equipment
notes OF the principal amount OF 81, 100,
| 900, bearing interest at the rate of 8
| per cent per annum, payable semi AN
| nuelly on July l and January /, in each
| year, the principal being payable In
semi annual installments Of $50, 900
each, payable January ! and July l in
each year, beginning January l, 1908,
| and ending June |, 1917
Amount OF principal outstanding July
I, 1918, $685. 900.
as whole, without division into par
cells.
AS 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 shall take the
property subject to the following
charges and obligations
Any unpaid Indebtedness ana obnga-
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 to
the discharge of such receivers, other
than receivers certificates.
Any unpaid Indebtedness and liabil-
| tiles contracted or incurred by the At
lanta, Birmingham and Atlantic Rail
road Company prior to the appointment
tition in Intervention or any proof OF
claim has heretofore been filed. which
the court shall hereafter adjudge TO be
entitled in 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 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
deposited with me as a pledge to make
good his bid in case of acceptance the
sum OF fifty thousand (S5O,00O) dollars
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 thS
bid should be executed and the sale
confirmed and successful bidder snail
comply with the terms thereof, the de-
post shall be credited on the purchase
price. In the event that any bidder
shall fail to make good his bid upon ac-
ceptance by me and confirmation by the
court. or shall fail to comply with any
further order of the court in regard TO
the payment Of the balance of the pur-
chase price, said deposit shall be for
feited as liquidated damages and snail
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 shall direct, but 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
S3,S09, 12t. with interest thereon at 5
per cent per annum from July /, 1918,
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 If same
were set forth herein.
VICTOR LAMAR SMITH.
Master Commissioner.
CURRIER. YOUNG q PILLSBURY.
Of Boston;
SLATON & PHILLIPS,
OF Atlanta,
Complainants Solicitors.
R0SSER e. 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, viii sell at public auc-
ton, to the highest bidder, upon the |
premises. at the freight station Of the |
Canrcria al OF
in the County of Fulton and State of |
Georgia, on the ed day of April, at / |
o'clock p. m, 1914 the following de- |
scribed property, to wit:
IA 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 Howells, in said State of |
Georgia, to a point al 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
tb) 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 Is, inclusive, and the para
graph following clause rs, OF the de- |
scripton of the premises conveyed by |
the Georgia Terminal mortgage, except |
those Of said tracts exchanged on petit |
ton OF tine receivers dated october g. |
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-
cevers since the execution of the Geor- |
gia Terminal mortgage, including said !
lands acquired by exchange under said /
petition of October a, 1911
I'D All personal property OF every kind !
and description belonging to the said /
Georgia Terminal Company. 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 (a),
(b) and Co above, belonging. or In any
way appertainng. and the income, tolls,
sll 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 10 the execution Of the aforesaid |
mortgage, and all Of such property and
things thereafter ACQUIRED, aud including
all lines Of railroad. lands personal
and property Of every descrip-
tiOn completed, constructed or otherwise
herein.
Said property will he sold together as
a whole without division into parcels
As a part Of the consideration and
purchase price OF the property. and I'm
addition 10 the sum bid the purchaser
shall take the same and receive the
deed therefor upon the express condi-