New Orleans Republican., 1873-05-24
AUCTION SALES.
Bv Trustees in Chancery.
SALE BY AUCTION OF THE NEW ORLEANS
MOBILE AND TEXAS RAILROAD.
HENRY J. GARDNER AND PETER J. BUTLER VS.
NEW ORLEANS, MOBILE AND TEXAS RA1L-
ROAD COMPANY.
CiIcu.. CouIt Of the United States, Dist:!c: .
Leu sianS-Nc. Csss.

DrRSCANT TO DECREE RENDERED IN
I the Circuit Court aforesaid, at the term
Of sad cont commenciHg the frat Mon.
ity Of said court, and TO carry into execution
the terms of deed OF trust. OF mortgage executed
eenth of March A. D. 1863 to the plaintiffs in said
cause aid fled il the proceedings Of the suit afole
tbcnsand bords, of 5000 each, OF uniform
series, with coupons attached, fforty dollars ci.
payable :he first day of April and October CT each
year, ard spon which mortgage OF deed there is
due the FUN OF 81 800 oCe as declared in the decree
IN said cause. The undersigned trustees, under
the supervision and directions OF the undersigned
masters appointed in the decree will, on FRIDAY,
June 6, 1873, IN the city of New Orleans,
to sell the following property described in The said
mortgage deed in four separate parcels as here
matter described, az public auction for cash to the
highest bidder.
First-All that portion of the main line Of the
railroad Of he said Sew Orean-, Mobile and Texas
Railroad Company, located, or to be lecated, Re
tween the cities Of New Orleans and Mobile and
within the sa cities, and upon the lands, build:
.ngs, machinery, rolling stock, and JtEer real and
personal property, and the franchises tolls, rights
and privileges pertaining and exclusively belong
ing to said portion of the main line Of the said raj
road ard separately used with the same and
branches aud roads connecting the,eunto. ircluG.
ing all the depots, s:ationhouses enginehouses
carhouses. fieieht-hOuses, storehouses, wharves
warehouses, woOdhouses, machine shops, repair
shsIs, business Offices. and other shops, offices and
ton, tsee1her with the slpeTstrUcture and iron
rails and lis appurtenaI ces, rolling stock, engines,
artendeTs; IT.. tools machnery s stssambosts. tug;
other pertonal property and ock il connecting
roads used aforesaid. and the ferry rights across
the Miss ssippi river.
Second-Ali that portion Of the road, commencing
az the point Westwego, opposite TO the city OF New
and extending along the track Of road for dis.
tance OF seven miles, with all the rights Of the
sad corporation in the said portion OF the main
r,xifh n <lAlo opfe h Iipur parlti inor
stock and other real and personal property and
the franchises tolls, rights, privileges pertaining
the the sale road and psparsey used I With VIII the the sane
nd including itpots station houses, engine
wharves, warehouses; sheds machine shops, Offices
and buildings in connection viii the said portion
of road west of the Mississippi river, together with
the snperstructure, iron rails and appuItenances,
also the rolling stock engines, cars. tenders. tools,
steamboats,, machinery and Other boats and yes
sels and their tackle apparel and furniture fuel
materials AID other person al property appertain.
ing TO ard USED with the constructing, repairing or
carryingca the business OF this portion Of the road
separately and exclusively.
ThirG-A that portion OF the main Zine Of said
road located, or TO be- located, from .he point on
tending westerly through the State of Louisiana
TO the Saline river, with all the lands, bui!dings
rights Of way, approximations, franchises, tolls
privileges d-pots, stations or other rights Of way
OF the said corporation, or which may be IelG
conveyed by the said trustees, or u der this de
cree, vii the conne citing roads either located or
surveyed, or TO be located and surveyed, in the
State OF Louisiana. and which apse tains to the
said road connecting reads. or branch roads o.
that por ion OF the said road within the said State.
FouIth-A All Of the road from the Sabine river 10
the city OF Houston in the State of Texas with all
the lands right of way, approximations buildings
depots stat!onr ,statiOnhOuses, shops, rolling stock
machinery, materials appertain!IS or belonging
10 the line Of road from the Sabine river aforesaid
TO the city OF Houston, and exclusively belonging
TO the same any other real and persona al Iop-
ertv, franchises, rights of way, tolls. grams er
privilege. not herein described and which are IN.
ended IA the said decd
and +, is to be understood -lat the sac under
this deed of trust and the decree feieln mentioned
is to he subject 20 deed OF trust bearing GaIe the
fist day Of January, 1869, by tie sad corporation
to Oakes Ames ard Edwin D. Morgan. trustees.
aid which affects .ha- portion OF tie said road
ard rr0terty before mentioned, lying within the
cities Of New Orleans ard Mobile, aI'o between the
SAID cites and is 10; 10 impair il any manner the
ncumbr;nce aforesaid or The rights uLdeI TIE
said deed. Tie taid mortgage or deed 20 sad par.
ties being made 20 secule d Uniform series
bonds, of tJur thousana in number. snd eact for
one tho.sand dollars. with interest coupons at
tacLed OF .orty dollars each payable sen i-anualiy
Oh the first of January and july # each year ard
bearing even date with the mortgage, and which
is referred 10 N the said mortgage deed Of trust
to tn plaintiff IN tins suit
And il is further understood that The property
included III the second ard 1hiId or Other parcels
above deec.ihed setns The property lyipg vest
Epp river. in the States If Louisiana ard Texas.
shall be subject 10 the mortgages or deeds of Inst
reserved III the deed o. mortgage or trust de-
scrlbed in The prore dings il this use, to Issue
bOl0B TO al amount III the aEgftSa'e EOt exceed
ing f25 Ot0 per mle for each nile Of the raili1ad
railroads constructed west OF The Mississip ipIi
river; which pewer las been executed by the said
corporation by the execution of a mort gage exc
cuted TO Oakes Ames and Edwin l.. Morgan dated
the fifteenth day Of March. 1870 whereby az issue
Of boDds to the amount Of 4l2!t0 per nj WAS
provided for upon all of the tract ot read il the
State oi Louisiana and the sum o1 $25 600 t,r al U.
the track west Ofthe Louisiana line and lying in the
State Of I. xas; which mortgage wac modified by
act Of mortgage dated first Of January. 1872 but
does not increase he amount of tie membranes;
and also. further mortgage bearing date first Of
July 1870, securing the paymeTt OF the second
mortgage bonds euaraI tceG bv the State OF Lou.
islana aud which mortgage is al incur!nfance on
The railroad OF said cOrpnrat on 10 The wet of the
river Mississippi and extending 70 the Sabine
nver; and al! otEer mortgages existing ander said
power.
There vii pe prepared, twenty days tefore the
day Of sa-, inventory Of tie property to be sod
in tie different parcels, and copies of the mort
cages VIII be IL ii bands OF the masters for eGi.
bltion 10 any person dc string TO pm chase. TIE
power to the trustees 10 bid for tie tondhOiaeIs is
reserved u the decree.
The trustees and The masters wiz give inform a.
lion cI IN. matter ntrusted 20 tneu, prior 20 the
sale. HENRY }. GARDNER,
PETER BUTLER, Trustees.
ROBERT SHANNON.
J. W. GuRLEl. Masters.
NoN,'e Republican and Register copy.
4p2t ;i.t