The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1916-10-12
LEGAL NOTICES


-e08C ~ OECClOHuTG Notice.
Default having been made in the paw
ment of the Indebtedness secured ~ a
mortgage or deed of trust executed Nv
Jaeger Creek Fuel company, a corpora
tion, Charles ]. Smith and his wife
annie j. Smith, Joseph r. Smith. Jr.
and his wife. Minnie V. Smith. TO the
Undersigned American Trust and Savings
oanK' as trustee, on the 9th day of
august 1915, said mortgage or deed of
trust having been recorded in the office
Oh the judge of probate of Walker
county, Alabama, in volume 176 page 487.
record OF mortgages, and also recorded
IN the office of the judge of probate of
Jefferson county, Alabama, in volume 831.
page TO- record of mortgages, the I'M
dersigned American Trust and Savings
pank, as trustee, under the powers con-
tanned in said mortgage or deed of trust.
Will on Monday, November 6, 1916, dur
ing ing tne legal hours of sale, sell at pub
nc auction to the highest bidder for
cash, in front of the courthouse door in
the city Of Birmingham. Jefferson
county, Alabama, on the Third avenue
sioe. the following described property,
to-Wit:
f1rst-AH of the company's mineral and
mining rights, leases and Ieasehold in
lerests In, to and upon the following de-
scrlped property situated in Walker
@aAnDniile, VIZ. Inc nOTIn nalt OIL
the north half IN n of NJ of section
ten QO), township thirteen Q3), range ten
QV, west; the northwest quarter of the
northwest quarter IN VIZ of N w "
OF section eleven QD, township thirteen
QS), range ten dO, west; the south
half OF the northeast quarter Is u of
10 10 of section ten 40, township
thirteen Q3), range ten Q0, west: the
southwest quarter of the northwest quar-
IL Af
eleven QD, township thirteen Q3). range
ter d0), west; the northeast quarter of
the southeast quarter IN E Il of S E 10
OF section ten Q0, township thirteen
QS), range ten Q0), west; the south half
Is IA OF section three (3), township thir-
teen Q3), range ten Q0), west, and the
north half of the southwest quarter IN
II of W ~ of section eleven I'D
township thirteen Q9, range ten QW,
west, excepting the existing right of
way 100 feet in width over said lands
or any of them for spur tracks of
railroads connecting the mines and
works of the company with the Galloway
branch of the St. Louis and San Fran
cisco Railroad company
Second-All other property owned by
the company, real personal or mixed
corporeal or incorporeal, estates, rights
ute, reVersions or remainders, as we'll in
AZ Nv as III equity, WHoreSO6Vor situate and
whether herein particularly described or
not, except the existing right of way
for said spur tracks, and all property
and property rights hereafter acquired
by the company, it being the intention to
include herein all property of every sort
and nature which the company now
owns or which 1t may hereafter at any
time acquire, and wheresoever situated
Third-The following described property
situated in the city of Birmingham, JEFF
ferson county, Alabama, viz: Lots num-
bers fourteen and fifteen IA and 15), in
block number lightweight (Ss), accord
ing to the present plan of said city by
the Elyton Land company, said lots to-
gether forming a rectangle fronting one
hundred GOO feet on the northern line
OF Second avenue. north. and extending
back northward one hundred forty GAO
feet to the southern line of Second al
ley, said lot IA being subject to the terms
of a certain party wall agreement re-
corded in the office of the probate Judge
of Jefferson county, Alabama, in book
3S2 at page Sc, subject, however as to
all of the property in this paragraph
third described to the terms and lien OF
that certain first mortgage hereinafter
called the first mortgage), covering said
and certain other property, ex-
ecuted and delivered by the mortgagors
to the Penn Mutual Life Insurance COM
pany under date of May 4, 1915. and re-
corded in the office of the probate judge
of Jefferson county, Alabama, in book
1924 at page 214. securing one hundred
($100, 100000 dollars Of principal
evidenced by four notes, three for ten
thousand ($1O,00000) dollars each, pay
able on the first days of April, 1917, 1918,
and 1919. respectively and the fourth for
seventy thousand (s7oo0o0O) dollars pay
able on the first day of April 1920, all
bearing interest at the rate of per cent
&c per cent? per annum. payable semi
annually on the first days of April and
October in each year until maturity.
Fourth-All and every their equity or
the equity of either, or both of them, in
and to fifteen hundred Q500) shares of
the capital stock of the ]. R. Smith
Realty company, heretofore pledged as
collateral with Messrs. Otto Marx &
Company of Birmingham. Alabama. to
secure a loan; which shares of stock
are evidenced by the following described
certificates therefor: Certificates number
IL, 16. II, 49, 20. 81, 20. "a, &C. 81, 2S. 20, 30,
issued to J. r. Smith, Jr. Certificates
number 81. 80, SO. "a, So, &c. 81, 80, 80, 40,
Al, AZ, 43, "A 45, 46 and At issued to
Charles ]. Smith.
At said sale said property shall be sold
in parcels. the property first and second
above described to be sold and II the pro-
ceeds thereof are insufficient to satisfy
the Indebtedness due, then the property
third above described shall be sold, and
il the proceeds of all Of said properties
are still insufficient to satisfy the In
debtedness due then the fourth above
described shall be sold. The proceeds of
said sale to be distributed In accordance
with the terms of said deed Of trust.
AMERICAN TRUST & SAVINGS
pANry a T,rl1stee