January 4, 1923
NOTICE OF PUBLIC SALE
<C?ntinue<l from paj*o six)
Thutees, by deed and contract of
September 1. 1920, the time to cut
and remove wnich timber expires
September 1. i923
J5. The following tracts of land,
jjprejratinj; approximatly 1098 acres
in fee. described in the led??:5 ore
as * i'crcel Numbe* Six". l.wcby
bv eferenee to the deeds
vnder which s ?:d land i w.?r.? acquired,
all right title and interest of the
:r-m?ecs b.'ing * c in the Corq? .n>
1. LVed. 'I nomas an i
Wif t'> De"(h Mo':v/ ur. Lu:it >o) j
I vv.; any, apm? \ima9.h* 1 ? .1 a ro: .
May 1 J,1920. ar?l rc ^stv *; d I
in *h~ Itegi. r\- o;bc? f V. - - -.m
C'j .m; i;i br.-jK No. ??l feeds. j
papc 217.
I'm .!. "\v. i,oii u ;.iv.:*o
a J , n<*h Mo .. . ' Lumber t or X"-y.
,':ppr \ it. i c v 22 arrs n.:d
i*c r. .If, da r . April J.l.i'Jl", and
re; t ?1 in i;*J It^iri^ir*'s d'b e,
\i in ft? I Mo. : >i d !- pat"- 2 17 ; j
3. Deed, J. C. J'rc.snell and wife
to Beach Mountain Lumber Company.
approximately five aeres. dated
March 12,1919, and registered in
said Register's office, in Book No.
22 of deeds, page 308;
1. Deed. Lee Presnell and wife
to Beach Mountain Lumber C'omnanv
:in:?povii?:>li.lv *11 'ixroc
* ... " wcvvv*
I April 27, 11)20. and registered in
said Register's office, in Book No.
26 of deeds, page 220;
5. Deed, J. B. Phillips and wife
to Beach Mountain Lumber Company,
and undivided half interest in
approximately eleven acres, dated
September 29, 1910. and registered
ir. ^id Register's office. Book No.
24 of deeds, page 166:
6. Deed. A. D. Reynolds and
wife to Boone Fork Lumber Company,
.approximately four hundred
eighteen (US) acres, dated Feb jrary
2, 1920, and registered in said
Register's office, in Book No. 27 of
Deeds, page 74;
7. Deed. C. A. Barber and wife
V to Beach Mountain Lumb< < ?mp&ny |
\\ appr 'Nimatc'v 70.7 : i . daied
i Dccemlx i 1 7.1 020, an i r -gi.1 r-rcd it:
the office of the Register of <hsds
for Avery t .'aunty. in Book No. l;?
of Deeds, page 111;
S. Deed, N. A. IV.-sr.el! and wife i
Beach Mountain Lumber Company,!
approximately 42.75 acre . tinted j
April 2b. 1921, and registered in j
said Register's office for Watauga;
County, ?n Book No. 28 of Deeds, j
Ppage 73;
9. Deed. Eugene Dougherty and j
wife to Beach Mountain Lumber]
Company, approximately 74 acres j
.and 13.25 rods, dated April lb, 1921, j
' and r- gifctered in said Register's i
. office, Book No. 27 of Deeds, page |
V 29.1; B
10. Deed, L. D. I'resnell and wife
to Beach Mountain Lumber Cora
pany. approximately 100.5 acres,
dated April 5, 1921, and registered
in said Register's office, in Book No.
28 of Deeds, page 65;
11. Deed, N. S. Burton et ai. to
Boone Fork Lumber Company, apr
proximately one hundred eleven and
one-half (111-1-2 acres, dated September
1, 1921, and registered in
office of Register of Deeds for said
Avery County, in Book No. 13 of
\ Deeds, page 317. See also contract
\* roistered in said Register's office,
Book of Liens No. 2. .page 22;
12. Deed, N. A. Pre. nell and wife
to Boone Fork Lumber Company,
approximately fcr^y v-ghl (48)
teres, dated June 20,1922, and registered
in said Register's v-Ice for
Watauga County, in Book 2S
>f Deeds, page 521. See also contract
registered in said Register's
office in Book No. 28 of Deeds, at
page 24;
13. Deed, Preston Dislunan to
BooiU' Fork Manufacturing Company j
B approximately sixty-six (60) arres j
V and seventy-six (76) rods, d.u.-.d
\ September 6, 1922, and registered
Y in said Register's office for \Y;.:auga
\ County, Book No. 29 of Deeds,
page 2 9. See also contract regisfornii
?* ? V?- --?E n 1
??*- Sbiu n U'.liCU, OUUii
No. 27 of Deeds, page 236.
F. All right, title and interest in
and to a tract of land containing
approximatly seventy (70) acres,
contracted to be conveyed to W. S.
Whiting by L. W. Johnson and wife,
Feburary 14, 1919, registered in the
Register's oftice for Watauga Coun,
L ty in Book No. 21 of Deeds, page
-626, which contract has heretofore
\V been assigned to the Company. A
w balance of $;>00.0C purchase money,
/?. with interest, remains unpaid on^feis
contract, and will be assumed by the
purchaser.
G. The good will of the business
^ of the Company on th epremises described
above, and all its right, title
and interest to and in trade names,
trademarks and licenses.
H. All other fixed properties and
scT4 j v ,?eal estate, interests in real estate,
^ ^eluding timber and timber rights,
privileges and licenses, and all lease^iold
and other similar contract rights
V L and interests situated or owned by
L\U the Company in Watauga and Avery
| \\? Counties.
I \A Together with all rights of way
fc- and other rights, licenses ar.d privp
ileges owned by the Company and
I ? i%AnnA?ltoy4 ..tail. ^ ? ~~ ? **J ~ ^ 4' ?
wuiicvtcu whii uic upciaituii ui ine
I i above properties.
SECOND CROUP OR PARCEL
Cherokee County
LAI! properties situated in Cherokee
County in said State will be so
offered for sale, as a whole, at the
Courthouse door in the Town of
Murphy, Cherokee County, on January
9, 1923,-at 12 o'clock noon,
said properties and assets being
i more fully described as follows:
A. The saw mill and lumber manfactoring
plant of the Company sitated
in Murphy, Cherokee County,
pon the lands hereinafter described,
> si sting of ? single band saw
THE WATAUGA
Together with all rights of way
and other rights, licenses and privi- j
leges owned by the Company and
used by it in connection with the
operation of the properties above
described as being situated in Cherokee
County.
All Forgoing Properties as a Whole.
Immediately upon conclusion of
:he biddii-for the 4*sz or.d Group
or 3'arcel" of properties at the Courthouse
door in Murphy as aforesaid,
and a; the same ptace, all the mortgaged
lands, premu-es and prop,rtf^s
of tile Company situated in rt. j
State of North Carolina will be offer-j
ed for sale to the highest bidder. {
provided that no bid w:l< 1 received;
for ^*aid properties as a whole unless
such bid shall exceed the aggregate j
of the bids for the two groups or j
parcels offered seperately.
Prior . i-ions .and . Encumbrances ;
Which Will be Assumed by
Purchasers.
The foregoing properties will be j
sold free of encumbrances, except-1
ing the following liens and encum-1
Iterances, prior to the hen of the In-!
denture, which shall be assumed by
the put >:xir.sc r or purchasers of the|
'
mill, with re saw, including log pond.1
one dimension lath mill, battery of'
three steam boilers, one stationery j
steam engine, one electric generator, |
one charging station, two twenty-1
two ton locomotives, fifteen leg cars,J
one crank driven utility car, two!
electric tractors and one steam log
loader with all fixtures, appliances,
machinery, tools, supplies and *?quip-i
mem to any and every of said pro-perties
belonging or appertaining; :
Together with any and all other
mills, factories, houses, buildings.!
structures, engines, machinery, tools,
apparatus, supplies, equipment and
improvements, situated or contain-j
ed upon the land upon which said
saw mill and lumber manufacturing
plant is situated, ??r belonging or 1
appertaining thereto, and for a more
particular description of said saw,
mill and lumber manufacturing plant
reference is made to said Inventory
filed with the Court by the receivers
on November 2, 1022.
II. The land in Murphy. Cherokee
County, described and conveyed in
the Indenture as 4*Parcel Number
One", containing approximately
thirty acres, upon which the.saw mill
and lumber manufacturing plant
last above described is situated, of
w hich*4Parcel Number One*4 Lots or
Boundaries "First" to '"Tenth*', inclusive,
are owned in fee, and Lots
or Boundaries "'Eleventh" to "Thirteenth'*,
inclusive, are held under
the following leases, all right, title
and interest of the lessee therein
being now* in the Company:
1. Lease, \V. H. Woodbury, Trustee,
to A. A. Fain, Trustee, dated
October 7, 1919, and registered in
the office of the Register of Deeds
for Cherokee County, in Book No.
73 of Deeds, page 1~>9;
2. Lease, \V. A Bryson .and wife
to A. A. Fain. Trustee, dated September
l, 1919, and registered in
aid Register's office, in Book No.
7:; of Deeds, page if?9:
Lcrsc, W. < "hris'iphor and wife
to A A. Fain, Trustee, dated Sept-,
ember 1, I'J 19, rogi.-teivd in said
i* eg i'-tor's ollicc, Book No. ?.*> of
page 247;
All of which le.j-es are for terms
llf I! Y" i V*. MV < roni 'lli-ir i5'i?-i>c \i ill
privilege to renew for terms of five
y vi"s longer;
The Indenture i?. registered h: the
office of the Register of Deeds for
Cherokee County in Cook No. 70
of Deeds, pages ."85 et seq., and
reference is made thereto for more
particular description of the properties
iii said County.
"First Lot or Boundary" of said
"Parcel Number One" will be ^pld
subject to the outstanding term of
a lease to M. C. King, dated October
8th, li)18, registered in said Register's
otlice, Book No. 09 of Deeds,
pngc517 for the "Plaining Mill Lot",
containing approximately threefourth
of an acre, expiring five years
from date.
C. Private railroad of the Company
in Cherokee County, surveyed
and partly constructed, beginning
at the mill and lumber manufacturing
plant, and running down the
northern side of the Valley River
to the Hiawassee River; thence crossing
the last named river and running
down the southwest side thereof,
for about three ratles; thence, crossing
said river again and runthence
up said creek about five miles
to the mouth of Davis Creek; thence
n:ng about one and one-half miles
to tlu* mouth of Hanging Dog Creek;
htence up said creek about five miles
to the rnorth of Davis Creek; thence
up Davis Creek for about three miDs
until said railroad reaches the Company's
lands described under "D"
following*:;
Together with all side-tracts, switch's,
bridges, culberts, crossties and
v interest of the Company in and
to any and all rail, all roiling stock
tools and equipment: and Together
with all rights of way owned
by the Company at time of execution
of said indentures, or thereafter
aquired, and all other rights,
privileges and equipment, and for
more particular description of said
right of \^ay, reference is hereby
made to the Indenture and to the
records of Cherokee County.
D. All those lands owned in fee
situate, lying and being in Cherokee
County, on the head waters of
Tellico River and Hanging Dog
Creek, approximately ten thousand
acres, being the lands conveyed to
the Cherokee Timber Company
(which is the same corporation as
the Company, its name having been
changed under provisions of the Delaware
statutes) by the following
deeds:
1. Deed, W. S. Whiting and wife,
dated January 9, 1915, and registered
in the Register's office of Che-j
rokee County, in Book No. 29 of
Deeds, page 98;
z. ueea, unas. 11. Thompson and
wife, dated Juiy 5, 1917, and registered
in said Register's office, in
Book No. 73 of Deeds, page 498; |
3. Deed, W. R. Hopkins and wife,
dated October 16, 1919, and registered
in said Register's office, in
Book No. 77 of Deeds, page 159;
4. Deed, Leonard K. Thompson i
and wife, dated November 18, 1919,1
and registered in said Register's office,
in Book No. 77 of Deeds, page
157;
E. The good will of the business j
of the Company under its present
name, or under the name of Cherokee
Timber Company, and all rights
title and interest in and to trade
npmes, trademarks and licenses.
F. All othed fixed properties and
real estate, or interests in real estate
in said County of Cherokee, including
timber and timber rights,
privileges and licenses, and leasehold
and other similar contract rights
and interest? situated and owned by
the Company in said County.
I properties severalty anectea ny saia i
j i:tns and encumbrance.*, to wit;
1. Mortgage and contract*, Che-}
| rokee Timber Company to Pearl I
City Veneer Company, dated April
j 13, 1920, registered in the office of
I the Register of Deeds for Cherokee ,
j County, Book No. 72, page 2G9, !
I conveying 1600 poplar trees on,
"Parcel Number Three" described !
i.i the Indenture (being the lands
described in section "D" of above 1
"Second Croup or Parcel" i as se
enrity for an advance c? $100,000 1
made under a contract of sale of
2,500,000 feet of vcllow poplar I
logs.
2. Deed of Trust, Peach Mountain j
l.-.mhei Company to Mark V. Brown
Trustee, dated June 2 7. 1818, re-:
gistcred in xhe office of the Regis-;
| scr of Deeds for Watauga County,!
! Cook "W" of Mortgages, page T'l.
conveying the "Little. pittney and
Patter? <:i limber'' (which is the!
"Thirteenth"' and "fourteenth"
j Beu 11 dries uf "Parcel Nuabgr Five" !
! . described in the i.uicntare, and ,
| the property described above as Item
. of paragraph 4ID" ?i "First
J Group or Parcel") as security for!
I"ho payment of approximately Slih-'
e 931.18, which is past due and held
| bv tl.i third parties,
j 3. Deed of Trust, Boone Fork
i Lumber Company to E. K. Bachman,
Trustee, dated November 15,1
1.920, registered in the Register's i
office for Watauga County, Book!
"W" of Mortgages, p.ig. i3}? conveying
the Reynolds tract (item No.
0 of "Parcel No. Six" as described
in the Indenture, and Item No. 6 of
paragraph "E" of above "First Group
or Parcel") as security for the payi
ment of balance of purchase money
originally in the principal sum of
$9,450.00 of which $3,000.00 has(
been paid, and the remaining $6,450.00
of which remains unpaid and is
represent#! by time notes, two of
which tire now past due, bearing interest
at the rate of six per centum
per annum, payable semi-annually.
Interest has been paid to September
15, 1922, and the holder of the notes
has extended the dates of payment
for ayear upon agreement that one
half the principal and the accrued
| interest shall be paid before the Coni1
jinny, its successors or assigns, shall
j cut the timber.
. . 4.. Deed, Linvilie Improvement
| Co. and Donald McRae and Hugh McRae,
Trustees, to Boone Fork Lumber i
Co. dated September 1, 1920, re-j
gistered in Register's oflico for Wa- j
tauga County, Book No. 27 of Deeds,
at page 220. convevine* "Nineteenth I
Boundary'* of "Parcel Number Five"
5. Judgement, John Justice VS.
Boone Fork Lumber Company, $1,573.11,
with interest from June 16,
1017, and $220.85 costs, docketed
in the office of Clerk of Superior
Court of Avery County, Judgement
Pocket No. 2, page 14, 71 and 80,
now pending on appeal to the Supreme
Court of North Carolina.
of North Carolina as franchise tax
due by Boone Fork Lumber Company
for the year 1921.
6. $1,863.30 claimed by the State
described in the Tndenture ((Item
I "(d)" of section "D" of above "First
Group or Parcel") retaining a lien
for balance of purchase money originally
$50,000, of which $26,500
is unpaid and was and is payable as
follows: June 1. 1923, $5,500.00,
September 1, 1922, ?lO,000, March
1, 1923, $10,000.00 with interest as
provided in deed. Interest on the
balance is paid to December 1, 1921,
and it has been agreed that no further
payment of principal or interest
will be demanded until the Company
is re-organized (by sale of properties
or otherwise) and its successor or
successors, are ready to cut the timber,
when the payment of arrears
will be required.
7. ?3,203,80 claimed by the State I
of North Carolina as tax on the ex-'
cess valuation of the capital stock
of Boone Fork Lumber Company
for 1921.
8. $1,863.30 claimed by the State
of North Carolina as franchise tax
due by the Company for 1922.
9. Federal Taxes. Income cax of
Boone Fork Lumber Company for
the year 1920, $10,095.18.
Boone Fork Lumber Company,
capital stock tax for the year ending
July 1, 1922, assessed as of July
1, 1921, $647.46.
10. Any and all Federal, State,
County and Municipal taxes due, or
to become due, by the Boone Fork
Manufacturing Company for 1921.
TERMS OF SALE
AU properties will be sold for
cash to the highest bidder or bidders,
subject to confirmation, excepting
that, if desired, the court may accept
DEMOCRAT
one-third in cash and defeKrcT'pay
ments due in six and twelve months
bearing six per cent interest and se
cured in a manner satisfactory t<
the receivers and approved by thi
court; and excepting further tha
payments may be made in the bond
secured by the Indenture, or th<
purchase price may be paid parti;
in cash and partly in the outstand
ing bonds and coupons socur d b;
the I.- denture, as more fully set fort)
in the order cf tale.
A > re iniinary deposit ?f S5C00.
w: : he r equina! lYom each big
:i r ' fore his bid is received, am
the la and highest bidder *u eac!
i?:."eri *r ?hall be required to depu>i
r-. i'i 'ional deposit s::incicnt fund
or bond.- to make the total deposit
of s:.- -h bidder amouM to liv; p?
cent. ?>f his bid. If the additions
deposi* is not made immediately
his oi<i will be disregarded and th
sale proceeded vith as though hi
bid had not been made.
Deposits shall be in cash or sal
isfactory certified check, or in bond
secured by the I .denture at hal
their face value. Preliminary depoits
of unsuc :e. sf c.i bidders will b
returned upon con lusion cf the bk
ding.
The receivers will accept, in lie
of manual dolipery of bonds, sal
isfactory certificate of some tru
[company that it holds the bonds su|
ject to the order of the receiver
and that it will, upon request, d?
liver *ho*n to the order of receiver
The highest hid received at eac
of the offerings of separate group
or parcels and the highest hid ft
ail of the properties as a whole wi
he reported to the court, which ma
confirm a sale of either group t:
-ar "f said lard, without coniirn
i ig i! :ulc of the other parcel, c
it m . .'onfirm the sales of both pa
eels ! ..le seperatt.lv, or of all Nort
Car ; i properties as a whole, pr<
vide : at the hid for all of said pn
p . as a whole is greater in ;
I mo; ' than the aggregate of 11
i:i? for the groups or parcels :c]
araieiy.
Paj v at in full of the puivhapri
i.'i manner aforesaid will ?
rvtii.i; 1 of the purchaser prom pi
upon . onfirmation, at which tiir
pre per deed or deeds ar.d other coi
vcyaii-'s and acquittances wiil I
cxsvi'.ied and delivered to the pu
?ha. v i,v purchasers.
i- a more particular staLme:
of 1 c terms of sale. lvfonme
made to said order of sal*.
Detailed descriptions of a:l of tl
above properties by metes and bourn
and otherwise, phits showing mil
and locations, inventories and d<
scrip i'Uis of mills and equiptnei
arc on file with the receivers, Asl
ville Citizen Building, Ashevill
North Carolina, and may be inspect
ed there hy any prospective hiddo
ar.d the properties themselves ma
be visited and insuected unnn annl
cation made to the receivers.
Further particulars will also b
furnished upon request addressc
to the receivers.
DUFF MERRICK
JOHN A. HAMBLETO:
Foreclosure Receiver
J. V. ERSKINE,
Auctioneer.
NOTICE OF PUBLIC SALE O
CF.RTA1N OF THE PROPERT1E
OF BOONE FORK MANL'FACTUF
INC COMPANY.
Receivers' Sale Under Creditor;
Bill
Ry virture of an order and dt
crce of the District Court of th
United States for the Western D;
trict of North Carolina, dated Apr
22, 1922, and entered in the ease oJ
"Summer? Hardware Compan]
a Corporation, Locket Bros. Con
pany, a corporation, and H. T. Had
ncy Company, a corporation, Piai:
tiffs, vs. Boone Fork Manufarturin
Company, a corporation, Defendant*
\Y. S. Whiting, John A. Kambl<
ton and W. W. Miller were appoim
ed receivers of the properties an
assets of said Boone Fork Manufacl
uring Company and thereupon too
same into their possession; and sut
sequently, by order and decree c
sjiid Court., dated .Inlv 90 109'
Drnf Merrick and John A. Hamb)(
tonVerp appointed receivers of a
the properties of said Company, sil
tinted in the State of North Carolin
and included and conveyed in it
mortgage to Commerce Trust Con
pany, Trustee, dated August 1, 1921
and. subsequently, by a further oi
der of said Court dated August 11
1922, the said W. S. Whiting, Joh
A. Hambleton and W. W. Miller, rc
ceivers, were directed to, and die
turn over and deliver to said Dul
Merrick and John A. Hambleton a
and singular those certain propei
ties of the Company situated in sai
State and conveyed in said mortgag*
said Whiting, Hambleton and Millei
receivers aforesaid, however ret air
ing possession of all other propei
ties and assets of said defendan
which had theretofore come int
their hands, and which were not sul
ject to the lien of the mortgage s
foresaid.
By an order dated November 1
1922, said Whiting, Hambleton an
Miller, receivers as aforesaid, wer
ordered and directed to sell all o
the properties and assets of the Con;
pany remaining in their possessior
and situated in said Stale of Nort
Carolina, and not covered by th
lien of the mortgage aforesaid, es
cepting cash on hand, choses in acl
ion, securities, manufactured lumbe
and notes and accounts receiveabh
free, clear and discharged of an
from all liens and claims. Subs<
quently the said W. S. Whiting r?
signed as such receiver and Du
Merrick has been appointed in hi
place.
'r
s Therefore. in accordance with sr.id
_ order, the unuersisned revivers ffill
0 offer all of the properties and a? 1
e sctsnow remaining in their hands rJ
1 for sale a*, public auction at the 1
s time and p-aces. and upon the terms ' ;
hereinafter set forth.
The prop, tie a:. : a - .'is to be
_ so'd con ist f r.rtk: of pirsonal '
; properties vj Ich are to varied and
MJiiK rovs to be listed hi detail. Coatplete
inventoried of ail cf saiii pro?
pe-lies : :i as*?.-v> have been nr. - V,
parodied are on Sic with thCourt gg|
j | and :tt oliict ox receivers _ ~
h! in the A .1 . ill- t'ltize-; Building,
<! A he", be. North Car dina, and may:
sjbe inspewi by pros peetiv s bidders :fl
s; on :.ry busiiiess day, r the dates t
r;of sale, bet A eon the hours of i? a. M.
Lj; and 1-St? p. nr, or. th- receivers will, , ':
. iupon ap.iiration to the above office J **
c l supply such additional information ^
< regarding cna properties and assets
ito be sold a may be iv<|iicsted: and. el
upon application, the receivers will ;1
' 1 afford reasonable opportunity to J
^ I prospective in It ? to vi the prent-1
j ises of the Ct ..many for examination V*
| and inspection of the properties ami
assets So to bo ofiVr.d.
'i Lc receivers will first offer the C
properties and Assets for sale in lots *
n r.. hereinafter listed, reserving the '
~ right to also of.'?r ceperately the var- J
ions articles c imposing any lot as L
mav be arm > :icc 1 at the time of
Y sale, and. afUr the properties and "
assets situated in the several conn a
Y lies shall ha % ? been so offered for ^
ale i.i lot. , ih y v.iih at each of the
(plac< of - lereinaft r named, be t:
ll|offered foi Bals a a whole. Accord1
ingly the properties and assets here '
I 'naf-er li t d : eiitg situated in the
,rICoun.::!S v./ Watauga and A .. ry v. ill
first be oifercd for sab- at public
: ik ; -h. at i -iho.;. '
V" door r. lu'.vn 01 ,. - i.: - i; i
County of Watauga. . o"c! h
" noon, on
1.923, in lot. 1 owing f. iv:ni i-j
l~ {also offer sep :tt* !y thv articie cor.i{
irg any lot a: :u. y be an.wuu.veri 1
' t'r-e t*?o-: ef ' up n. ? '
?lit:V :'ic?iin~ for sa::i pro- c
w'pert a el in i< . 1 y will g
B-bc oiiviitl for ?*.ie at public auc v
lion, f . > .. a whole, and the l,
? pr ,? a et - h n ivnf
: mi 'i in ? aid 0< in
Y ;y Chitr ' < - V. ill fir. t be offered for
. .. ... pt .... . jor ca-sh, .it
^ the ( door in the Town of
.'l phv it? : u l County of Cherokee.
,Sjat 1- oVhci-.. i:. or4 the 9th day '
<.f .JaiiUi'i- . . In h?t< iv. .? ;???
the light la :il. a offer separately the a
.^ ar'ieics composing any lot as may -v
b. announced at the time 01 sale, :
~~ ant', upon ;ho conclusion of the bid- P
ding for said properties and assets 15
in lots, they will be offered for sale P
p ai public auction, for cash, sa n a
r whoio. ti
' Bids will be received at said places
? of sale for and upon the following: ?
(a) At the sale to be made at s
Boone, upon any item situated in c
j-aitl Counties of Watauga and Avery, a
separately or in lots as said iots may M
be determined and offered by the a
^ receivers: s
1 (b) Upon all items situated in P
s* said Counties of Watauga and Avery
in the aggregate; o
(c) At the sale to be made in fl
Murphy, upon any items situated in
said County of Cherokee, separately,
or in lots as said lots may be deter- ?
mined and offered by the r>reiver<; &
(d) Upon ; .1 items situated in l<
, said Count of Cherokee in the ag- 11
s gregatc.
As a*?4 r.unllonrd, .he items b
to be ? V I . c too vnr.ed ;; d iu:m- ;
[e erous to . -x-t forth peciti -n.ly, but c
? the reee - have dctei ied upon ::
Jr'> -ped : c proper. ie-; into i ... "
i:|in a erdai. with t". . order of stile, 1
i M> follov. .
x- Ko. i. WAYAUGA COUNTY.
c"j CSS eq; : lucnt at the main of "
I f ' I : I * >!!t i?*n ?\ :l
? .'::cturS , -:nt at Shulls Mills, eon*
. i.-tinjr v>t six desks, three tables. A
i~ sui.dry chairs, three filing cabinets,
c" two safes, 1 ophone system, baskets,
.lies, dictaphone apparatus, stoves,
stationery and liniscellar.ous supplies.
Office equipment in the engineer's *office
and yard office, oil house and
'* storeroom of the Shulls Mills mill
"? and plant consisting of two desks,
four tables, sundry chairs, stoves. "
11 adding machine, telephone system, l'
files, cabinets, typewriters, baskets rt
a and miscellaneous^ supplies. tl
s Picture Show at t'hull.. l_
Mills mill and piant consisting of ;l
' benches, stove and equipment, screen, a
"" projecting machine and electrical '<
compensator. t<
n LOT No. 2. WATAUGA COUNTY. P
" Household furniture, log camp '
equipment and bungalow equipment
^ at Shulls Mills mill and plant consisting
of one hundred sixteen beds
with necessary springs, mattresses, ^
d sheets, blankets, comforts, pillows a
i? and pillow cases, large number of c
r' towels, sundrv naDkins. six ranees tl
l" and sundry heating: stoves, chairs, C
*" tables, curtains, shades, pitchers, ?
l* basins, dishes, spoons, knives, forks, h
? phonograph, glasses, kettles, pans, g
pots, buckets, kitchen utensils, rugs, d
l" stools, lamps, chimneys, pantry equip- tl
ment, laundry equipment, etc., in t?
sufficient quantities to supply the nor- s
d mal requirements for the operation f
e of the mill and plant. h
f LOT No. 3. WATAUGA COUNTY, r
l" Logs in pond at the Shulls Mills o
b mill and plant, consisting of approx- a
h imately 2,200,000 feet, chiefly of a
? chestnut and oak, but including hem- u
lock, spruce and maple, and smaller s
footages of poplar, ash and other v
ir woods. e
LOT No. 4. WATAUGA COUNTY, s
d Commissary equipment and soppliesat
Shulls Mills mill and plant,
consisting of store equipment, cases,
f* stoves, pumps, shelves, scales, cut's
ters, files, cash register, etc., and the J
stock of supplies in said commissary
msiitirg of shoo? and overshoes
?r men. women and children, cloth-]
'tr* huts. groceries, dry goods, toilet
rticles and preparations, drugs,
'"' a- , candy, stationery, yrups.
a.-dwan . laiti tijs, china, miscelll WEt
r ~ 01 v/eaaring apparel
,th< r goods, r.r.d general
issa.-y .-cpplies; socU. fountain
meat and a*, cessc ries.
X'.'AT AUG A COUNTY.
Hof .?.r.d Cows. NinctCCI: head
* :;-.d c.tx2 cow at Shulls I
- C*:i >: E C'UMY.
CfHrr equipment at the office of
e Murphy m and plant, consistg
of four desks, sundry chairs, tabiiiing
cabin< i. .ate telephone
.-um. tyr.. ,-iooIs. filing
. clock .. '1 miscellaneous office
p es.
O No. 7, CHEROKEE COUNTY.
Club house a id Logging Camp
quipment at the Murphy mill and
cm. cor si. ting of forxy-e^ht (48)
eds, with necessary mattresses,
many . comforts, blankets, sheets,
illows and c.'i six oak dressers,
ve (5) washstands, sundry chairs,
v.; : stoves, dishes, knives, forks,
poori.-. bowls and pitchers and other
brniturc nnd rniacegpMjpoiis house
old equipment. also sundry harness
nd stables supplies.
.or No. 8, CHEROKEE COUNTY.
Horses ur.d r-vr. lourteen head of
orses and .r. cow at Murphy mill
OT* No. 9, CHEROKEE COUNTY,
lotnimssary rupplxe;-, -mall quanity,
at 4.1. Murphy and plant,
of y: up, pre r res, soap,
pi::cr. ftCOT
No. 20, C-'ISRCKEE COUNTY
Lory* at :: wood.- :: :.r Murmil
m; plant, con--:.ting of at)roximately
1.1" 5.000 feet, cbicfiy
kostnut, oak ar.d hemlock, and inU'
tr pop!: r. bass, maple and other
roods.
Ik- i - will r, :uire from
a eh bid !. r. v. bid .-ball be acDLrd.
a d po:i4 in c th, or by cerel;
.!; f\*ovy io the- re.
:w> . to t q .ill to ten
: cent, of th? i|T? nt if e?.?h bid.
,hich dep. it bail be retains d until
iio : ale.- having Men acted upon by
he Court. I)epo: it- ma le oji :i. count
f sales c?"tb-m. i v.-il? be credited
.-ait.- :v.-j?ecti\?-iy, .and the
be- purchase price will
hen bec-anu* due and payable.
Th e> ivers may adjourn any of
he abo\ offerings front time to
ime, by notice appropriately given
t the me and place appointed for
uch offerings or adjourned offerers
and without further notice or
ublication, ur.lcss the receivers deem
: advisable to male same, and may
roceed with the offering upon the
d journod dates without further noice.
Upon the conclusion of all of the
fie rings, the receivers will report
amc to the Court, which may acept
or reject and bid so reported
nd confirm any hid so accepted,
whether of a part, or of all or of
ny of said properties so offered for
aier and, if the sales of any of said
ropcrties and assets are not conrmed,
any and every deposit made
n account of any such sale not conrmed
will be returned to the bider
or biutiers making same, and
hose properties and assets, the sales
f which are not confirmed, will SB
gain offered for snlo upon such
.Tins and conditions as the Court
lay direct.
If the Court shall accept any such
id or bids and shall confirm such
ale or sales the purchaser or purhasers
shall pay the balance of the
urchase price in cash, with the light
n the part of the receivers, if det
rred payments are desired, to aeopt
one-third payable in cash, one:
r<? payable ir? six months and oneburd
payable in twelve months. Any
nd all deferred payments shall be
1 presented by the notes o fthe purhasir
or purchaser., with such seurit\
by way of endorsement or
v.dorsements. or collateral deposit d
therewith, as shall be satisfactory
_> the reccg&rs and approved by the
'ourt, and shall bear interest at the
ate of six per cent per annum from
dates until paid.
Upon confirmation of sale* and upn
payment of the purchase price,
lie receivers will transfer and turn
ver to the purchaser or purchasers
fie properties and assets nought,
ree and cbcnr of aliens and claims,
r.d will execute all necessary papers
isd perform all acts necessary to re*ase
the claim of the receivers and
3 vest unincumbered title in the
urchaser or purchasers, but shall
ot assume the duties or expenses
f delivering the properties and asets
bought
The Court, contemporaneously
ith the order of sale herein, passed
n order of sale in foreclosure proeedings
heretofore instituted against
he Company by Commerce Trust
ompany, trustee under the moilage
by the Company of certain of
properties, and the mortaged
properties have also been orered
sold by the Court, and, for
he purpose of giving opportunity
o the purchaser or purchasers under
aid "' 'I'"* + ~ V:J
V V1U1.1 vrjk OUIC IU UiU
or the properties and assets sold
ereunder, it was ordered that the
eceivers herein might conduct the
fferings and sale or sales herein,
t the same time or times and places
s the sale or sales to be conducted
nder the said foreclosure order of
ale, and the offerings herein proided
for will, therefore, be conductd
at or about the same time as the
ales of vhe mortgaged properties.
JOHN A. HAMBLBTON
W. W. MILLER
DUFF MERRICK,
Receivers.
. V. ERSKINE,
Auctioneer. j i