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

! 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 d PILLSBURY,
OF Boston,
| SLATON & PHILLIPS,
Of Atlanta,
Complainants Solicitors.
! ROSSER 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 1898, 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
o'clock p. M. 1914, the following de-
scribed property. to wit.
ta) The line OF railroad about three
miles in length of the main line extend
ing from point al 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
tons, sidetracks, spur tracks, and ter
ninal facilities and constituting an en-
trance TO the city Of Atlanta, and ter
minal facilities necessary in and near
| the city of Atlanta
(b) 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 IS, OF the de-
a scripion Of the premises conveyed by
| the Georgia Terminal mortgage. except
those of said tracts exchanged on petit
ton Of the receivers dated october 4,
% 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 4, 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),
| tb) 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
| a whole, without division into parcels.
AS a part of the consideration and
| purchase price OF the property. and in
addition to the sum bid, the purchaser
| shall take the same and receive the
| deed therefor upon the express condi-
tion that he or his successors or assigns
| shall take the property subject to the
| following charges and obligations;
Any unpaid Indebtedness and obliga-
tions which shall have been legally in
Cured or contracted by the receivers
| In the operation or on account Of the
/ property hereby directed to be sold al
| any time prior to the discharge Of such
receivers, other than receivers certi-
I ficates
Any unpaid indebtedness and IiabH-
| flies contracted or incurred by the Geor-
| gia Terminal Company. prior to the
| appointment OF receivers, with respect
20 which petition in intervention or
| any proof OF claim has heretofore been
! filed, which the court shall hereafter
adiudge to be entitled in equity to pay
ment 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 thereto
| fore deposited with me as a pledge to
make good his bid in case Of acceptance
| the sum OF twenty-five thousand
| (S25 000) dollars In money or certified
| check 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 Is struck off
! In case the bid should he executed and
the sale confirmed and 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 fail 10 make good his bid
upon acceptance by me and coniirma-
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
! Of 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
purposes as the court shall direct but
II the said sale shall not be confirmed
the deposit shall be returned to the bid
der.
Upon confirmation Of such sale there
shall be paid I'M cash by the purchaser, /
and from time 10 time thereafter such
further portions ON account or the pur-
chase price Of said property sold as the
court may direct.
or the debt evidenced by receivers
certificates the court has apportoncd as
against the Georgia Terminal Company
the sum Of S112 27300 with interest
thereon at 8 per cent per annum from
July /, 1918, until paid. and such por-
lions will be paid out OF the proceeds
arising from this sale
Reference Is hereby made 20 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.
Currler, Young & Pillsbury, Of Boston
Saton G. Phillips, OF Atlanta
Compartments 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 No. 1893. subtitle Old Colony
Trust Company Trustee versus Ala
hanna Terminal Railroad Company eli al
I will sell al uublic auction to the high /