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

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 ana
Atlantic Railroad Company the sum OF
SSS09.l 2l, with interest thereon at
per cent per annum from July !, 1913,
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 & PILLSBURY,
SLATON & PHILLIPS.
of Atlanta.
Complainant's Solicitors.
ROSSER g. 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, l will sell at public auc-
premises. at the freight station of the
Georgia Terminal Company at Atlanta,
In the County of Fulton and State OF
Georgia, on the I'D day of April, at
o clock p, m. 1914, the following de-
scribed property TO wit:
lal 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 pbint a [ or near the CEN
ter of the city Of Atlanta. together with
yards, depots. grounds real estate, sta
lions. sidetracks spur tracks, and ter
minsl facilities and constituting an en-
trance to the city OF Atlanta, and ter
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 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 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 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 all
the appurtenances, equipments, rights
and franchises unto any Of the property
described herein and in paragra phs ta),
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
mort gage, 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 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-
ton thar he or his successors or assigns
shall take the property subject TO the
following charges and obligations,
Any unpaid Indebtedness and obiga-
tions which shall have been legally in
CURED or contracted by the receivers
i'm the operation or on account Of the
property hereby directed TO be sold Al
any time prior 10 the. discharge Of such
receivers, other than receivers certi-
hcates.
Any unpaid Indebtedness and liabil-
lilies contracted or incurred by the Geor-
gla Terminal Company, prior to the
appointment Of receivers with respect
% which a petition in Intervention or
any proof NJ claim has heretofore been
fled which the court shall hereafter
Adjudge 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 he received by me unless
the person making same has thereto
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 hid should he executed ana
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 fan TO make good his bid
upon acceptance by me and confrma-
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
he forfeited as lqutdated damages and
shall be applied toward the expense Of
any resale ordered. or toward making
good my deficiency or loss In case the
property Al such resale shall bring less
than the prior sale. or to such other
II the said sale shall not be confirmed |
the deposit shall he returned to the bid
der
Upon confirmation of such sale there
shall he paid In cash by the purchaser. 4
and from time 10 time thereafter such
further portions on account Of the pur-
chase price Of said property sold as the
court may direct.
on tho debt evidenced by receivers
certificates the court has apportiOned as
a gainst tho Georgia Terminal Company /
the sum OF Sll2,273.O0, with interest
thereon at per cent per annum from
July /. 1873 until paid and such por-
tior- viii be paid ont Of the proceeds
arising from this sale.
Reference Is hereby made 10 the fore
closure decree In the cause stated Tor
further particulars as fully as II same
were set forth herein
VICTOR LAMAR SMITH,
Master Commissioner.
Currier. Young & Pillsbury of Boston
SlatOu e Phillips, ~ Atlanta,
Compliments solicitors; Rosser
g. Brandon. Of Atlanta, Defend
ants Solicitors
Pursuant to the decree Of the District