Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-25
LEcAI NOTICES

u the said sale shall not be confirmed
the deposit shall be returned to the bid
der.
Upon confirmation Or such sale there
shall be paid in cash by the purehaaer,
and from time to time thereafter such
further portions on account Of the puf-
court may direct.
OF the debt evidenced BY receivers
certificates the court has apporfioTed aa
against the Georgia Terminal Company
the sum Of Sl12,273.00. with interest
July /, 1913, until paid, ard such por-
tons 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
ftrtheps particulars. as fully as IL same
were set forth herein
VICTOR LAMAR SATITH
Master Commissioners
Currier, Young q Piiisbury OF Boston,
Siaton q Phillips, u Atianta
Compliments Solicitors; Rosser
g. Brandon, OF Atlanta, Defend
ants Solicitors.
Pursuant to the decree OF the District
Court Of the United States for tho
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
win sell at public auction to the high
est bidder upon the premises at the
freight station of the Alabama Terminal
Railroad Company, at Birmingham.
on the Esd day Of April at 2 o'clock r.
NJ. 1914 the following described prnp
ertH OF the Aiabarna Terminal Railroad
Company, to-wits
(a) Its line Of railroads. tracks. sid
ings, spur tracks, yards, yard trzeks
~ tr4r Qss4t4
point in jefferson County. State Of Ala
bama. from connection with the At
Ianta, Birmingham and Atlantic Rail-
road Company at Reeders Gap IN said
JEFFERSON County thence to and through
the city Of Bessemer and from thence 70
and into the city Of Birminghans also
extending from connection with said
Bessemer- Birmingham line. from
point at or near the city of Besseraer.
and extending thence to Bone Gap, IN
said Jefferson county. State of Ala
banaa. together with all depots, stations
sidetracks, terminal tracks, yards yard
tracks, terminal facilities and sill other
property Of every kind or character APP
purtenant TO the said lines OF railroads,
terminals and terminal facilities.
(b) The tracts or parcels OF land ~
ipg and being In the County OF Jeffer
Son, State Of Alabama and more par
tieularly described in clause first TO one
hundredth, inclusive. OF the description
barna Terminal mortgage. except thone
of said tracts exchanged for other lands
on petition on the receivers thereof.
verified May Z, 1910.
tc) All lines OF railroad. terminal ia
cllities. 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 recaiv-
ers thereof, and all appnrtenancHs.
equipments, rights and franchises unto
any of the property described herein
belonging or in any way appertainiug
and the incomes, tolls. rents, issues and
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 to the
execution Of the aforesaid mortgage
and all Of such property and things
thereafter acquired and including all
lines Of railroad. lands, personal prop
erty of every description completed
constructed or otherwise acquired or
possessed by the receivers thereof
Said property will be sold together as
whole, without division into parcels.
AS part Of the consideration and
purchase price, and in addition to the
sum bid. the purchaser SHAH 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 and obliga-
tons, which shall have been legally In
Cured or contracted by the receivers In
tho 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 liablfl-
ties contracted or incurred by the Ala
bafi9a Terminal Railroad Company prior
to the appointment Of receivers, with
respect TO which a. petition in intervene
fore been flied, 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.
property subject to the performances by
him or his SUCCESSORS or assigns OF all
pending contracts heretofore lawfully
made by the receiver or receivers With
respect 70 the property sold, including
SVHN4NStS ASa S~o RA4~A~sN~ ~ ~N%%Ff
No bid viii be received by me unless
the person making same has thereto
fore deposited with me a. a pledge TO
make good his bid In case of aeceptaTee
the sum OF twenty-five Thousand ($25,-
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 wherf the property is struck of
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 be credited on the
bidder shall fail to make good his bid
upon acceptance BY me and confrma-
ton by the Court, or shall fail to conn
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 or
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
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 In cash by the purchaser
further portions on account OF the pHr-
chase price of the property sold as the
Court may direct.
OF the debt evidenced by receivers
certificates the Court has apportioned as
against the Alabama Terminal Railroad