New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-21
AUCTION SALES:
By Trustees in Chancery.
SALE BY AUCTION OF THE NEW ORLEANS
MOBILE AND TEXAS RAILROAD
HENRY :. GARDNER AND PETER J.. BUTLER VS..
NEW ORLEANS, MOBILE AND TEXAS RAIL.
ROAD COMPANY.
CrcU!: Court of the United States. Iis:rc: Q
louisiana-No. $3.50.

DURsUAST' TO DECREE RENDERED N
l. the Circuit Court aforesaid, at the term
of said court commencing the first Mon
day OF November last, and under the author
.ty of said court and 10 carry into execution
the terms Of deed OF trust or mortgage executed
by the said corporation. beaiing date o. the eight
eenth of March A. d. 1863 to tie plaintiffs in salt,
cause AID nied in the proceedings Of the suit afoe
said. to secure by the terma of the same fou!
thousand bonds, of $1,000 each. 8: Gntorm
series, si:h"oupons attached. of forty dollars each
payable Ii. first dag o: April and October o: each
year and upon which mortgage deed there
due she OF + 32o 600 declared in the decree
IN said cause. The undersigned trustees, unde,
che supervision and directions OF the unders. gIet
masters appolnted in the decree. viii, on FRIDAY
june ., .37a. liz the city OF Ne" Orleans
between Che hours of IL A. y. and P. NJ, proceed
20 sci, she following property described in the sad
mater de scribed. at public auction fo1 cash 20 the
Highest bidder.
Frs.-AH that portion Of the main line Of the
Sailroai OF the said New Or eans, Mobile and Texas
Railroad Company, located. or to be located, be-
tween tn. cities of New Orleans and Mobile and
within the sa cities and upon the lands. build
sngs msch1ery. rolling stock and other Pea! and
personal property. and the franchises. tolls, rights
and Or iegss De, taining and exclusively helon,
Sng to SAID portion of the main line of the said rail-
road and separately used with the and
branches and roads connecting theIeunto. incud
sug al! cle depOts, stati0nhOu5es. enginehousas
car houses. eight houses stOrehouses, w!ia-ves
Warehouses. woodhotses machine shops repair
shops, business Offices and other shops. offices
bulldogs now owned or possessed by said corpora
ton together with the superstructllre and iro1
iiis and its appurtenances, rolling stock, engines
Car-Hent"ri, tools, machinery, STEAMBOATS,. tug.
boats aad their tackle, apparel and furniture, and
other personal property and sock in connecting
roads used as rforesaid and the ferry rights ACROSS
tle N .ssissiDpi river,
Secynd-All that portion % the road, commencn.
at the point WestwegO, opposite to the city OF New
ORLEANS the west bank of the Mis- ssssppi river.
and extending along the track of road for dis.
sauce of seven'y miles, with all the rights of the
SAID corporation in the said portion of the main
line, together with the lands, buildings machinery.
stock aud other real and personal property. and
the franchises, tolls, rights, privileges pertaining
and exclusively belonging to the said portion
the SAID road, and separately used with the same.
and inc!uing depots station houses, engine
houses, car houses, freight houses, stOrehOuses.
wharves, warehouses, sheds machine shops, offices
md buildings in connection with the said portion
of ROAD west of the Mississippi river, together with
the perstructure, iron. rails and appurtenances
also TIA. rolling stock, engines cars tenders tOOls,
steamboats,, machinery and other boats ana w.
Sc and their tackle, apparel and furniture fuel,
materials and other persO! al property appertaiE
ing to and used with the constructing, repairing
carrying the business of this portion of the yoad
separately and exclusively.
Thiri-All that portion of the main line Of said
road located, or to be located, from the point
the road, seventy miles from Westwego. andex
tending westerly through the State of Louisiana
10 the sabine river, with all the lands buildings,
rights of way, approximations, franchises. tolls.
privileges drpOts, stations or other rights OF way
OF the said corporation or which may DO held OK
conveyed bT the said trustees, under this de
cree, with the connecting roads, either located or
surveyed or 10 be located and surveyed, il the
State OF Louisiana and which apgertains to 'he
said road OF connecting roads. Or branch roads O:
shat portion Of the said road within the said State
Fourth - al of the road from the Sabine rives to
Che city of Houston in the State of Texas with all
the lands right of way, approximations. buildings.
depO.s stations, statOnhouses shops rolling stock
TO til. linz. o: road from the Sabine river aforesaid
10 the Cs;y of Houston, and exclusively belonging
TO the same 81 any otheE real and persona. prop
err franchises, rights OF way. tolls grants or
privileges not herein DESCRIBED. and wE.ci Il.
GllIdej ~ the said deed.
Ard it is 20 be understood tina. the sale under
THIS deed trust the decree herein mentioned
to ~. subject to deed of trust. bearing dat. the
st DAY o. Jannsry 1872 by TIE said eor2orsio.
and Which affects that portion of the said road
and aro; ertr before mentioned lying within the
cities OF New Orleans and Mobile. ana between the
said zee, and is not to impair in any manner the
AlcluIbrance aforesaid. or the rights under rae
SAID deed 1he said mortgage or deed 20 SAID par.
ties being made to secure a uniform series 81
bonds, of four thousand in number, and eac.. tor |
Que Thousand dollars. with interest coupons at.
acl:ed OF forty collars each. payable SEM! annually
on the first of January and July each yeaf and
hsat,ns even date with the mortgage; and which !
4 referred 10 IL the said mortgage OF deed ct trust
Aud 4 is further unde, stood that She property |
in., ..ied in the second and third other paicrls
above described, being the property lying 81 |
rrly -: the city OF New Orleans and of :he Ms,s |!
81 pp RIVER, in the states of Louisiana and Texas.
~xe.:ted by the said corporation under the power
reserved in the deed OF mortgage or trust de. !
scrtbed in the proceedings in this cause. TO issue
bonds 20 an amount in tho aggregate not exceed. |
Jag . $50 per mile for each mile OF the railroad
O. railroads constructed west of tho Mississippi +,
. YER which power has been executed bv the said
'orpo alton by the execution OF a mortgage exc.
cu'ed to Cakes Ames and Edwin d. Morgan dated
th. fifteenth day of March, 1870 whereby an Issue
Of bonds % the amount of 4i2, $40 per mi was
provided for upon all of the tract of road III the
State of Louisiana and the of S250t, for al Of
track west of the Louisiana line and lying in the
z tate OF 7. xas; which MOI tgage was modified by
Of mort gage dated first OF January, 1872 hut
does not increase the amount of the membranes.
and .'so, further mortgage bearing date first of
Ju., 1870, securing the payment of the second
mort gage bonds guaranteed BY the State q! Lou.
.sjaua and which mortgage is an ircumbraGce on
the railroad of said corporation to the west OF the
river Mississippi and extending TO the Sabine
river; and al OtRev mortgage. existing Undeg said
power. |
Their. vii. ne prepared, twent- DAYS befo:. the
Cav ot sa,r inventory of the property to he sold
IN the different parcels and copies OF the mort
ages will I've the hands of the masters for eXhi.
htioa to any person desiling to purchase. The
30 wer The trustees to bid for the bond c.!e.s
reserved in the decree.
The trustees and the masters will give tl!OrmA.
lion ~: the matter intrusted to them prior to the
SAX. HENRY j. GARDNER.
PETER BUTLER. Trustees.
ROBERT II. SHANNON.