Atlanta Georgian. [volume] (Atlanta, Ga.) 1912-1939, 1914-03-26
LEGAL NOTICES.

property at such resale shall bring less
than the prior sale, or to such other
purposes as the court shall direct, but
i the said sale shall not be Confirmed
der.
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 pnf-
chase price Of said property sold as the
court may direct
OF tho debt evidenced by receivers
certificates the court has apportioned as
1 against the Georgia Terminal Company
the sum Of $112273,00, with interest
July /, 1913. until paid. ana such + Dor or
| tons 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 II same
were set forth herein.
VICTOR LAMAR SMITH,
Master Commissioner.
Currier, Young x Pillsbury, Of Boston.
Slaton & Phillips Of Atlanta.
Compliments Solicitors; Rosser
e. 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
EhuSG mo. lad@t subtitle Ola Colony.
Trust Company Trustee. versus Ala
bama Terminal Railroad Company ct al,
viii sell at public auction to the high
est bidder upon the premises at the
freight station of the Alabama Terminal
Railroad Company at Birmingham
County Of Jefferson. State Of Alabama.
on the 23d day of April, at o'clock P
M, 1914, the following described prop
erty OF the Alabama Terminal Railroad
Company, to-witi
10Y yta Itn@ -rtu.ozn 4.,..f-m ~9H
ings, spur tracks, yards, yard tracks
depots and stations, extending from q
point in Jefferson County, State Of Ala
bama. from a connection with the At
lanta, Birmingham and Atlantic Rail
road Company at Reeders Gap in said
Jefferson County, thence to and through
the city of Bessemer and from thence to
and into the city Of Birmingham; also
Bessemer-B Birmingham line, from 3
point at or near the city Of Besserner.
and extending thence to Bone Gap. in
said Jefferson County, State of Ala
bama, together with al depots, stations.
sidetracSs, terminal tracks, yards. yard
tracks, terminal facilities and all other
property OF every kind or character APP
purtenant to the said lines Of railroads,
terminals and terminal facilities
tb) The tracts or parcels Of land "
Ing and being in the County Of Jeffer
son. State of Alabama and more par
ticularly described in clause first to one
hundredth, inclusive, Of the description
Of the premises covered by the Ala
bama Terminal mortgage, except those
Of said tracts exchanged for other lands
on petition Of the receivers thereof.
verified May z, 1910.
(c) All lines of railroad. terminal IA
cilities. 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 receiv-
ers thereof, and all appurtenances,
equipments, rights and franchises unto
any OF the property described herein
and in Paragraphs a, b and c above,
belonging or in any way appertaining.
and the incomes, tolls. rents, issues and
profits thereof, and all things belonging
10 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
a whole, without division into parcels.
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 shall take the
property subject to the following
~ rerac and ohiiQaffoO
Any unpaid indebtedness and obliza-
lions, which shall have been legally in
CURED or contracted by the receivers in
the operation or on account OF the prop
erty Ia be sold. at any time prior to the
discharge Of such receivers, other than
receivers certificates.
ANY unpaid Indebtedness and liabiIi-
ties contracted or incurred BY the Ala
to the appointment Of receivers. with
respect to which a petition IN interview
tion or any proof OF claim has hereto-
fore 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 AL
pending contracts heretofore lawfully
made by the receiver or receivers with
respect TO the property sold, Including
IVHtldNN1 ASt AAo AA ~AN1~ ~ ~A1ART
NO bid viii be received by me unless
the person making same has thereto
fore deposited with me Rs a pledge to
make good his bid in case OF acceptance
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 when the property is struck off
In case the bid should be executed and
the sale confirmed and successful bid
der shall comply with the terms there
or the deposit shall be credited on the
purchase price. In the event that any
bidder shall fail 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 70 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 br 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
shah be paid in cash by the purchaser
and from time to time thereafter such
further portions on account OF the pur-
chase price Of the property sold as the
Court may direct.
OF the debt evidenced BY receivers