New Orleans Republican., 1873-05-06
By Trustees in Chancery.
SALE BY AUCTION OF THE NEW ORLEANS
NOBLE AND TEXAS RAILROAD.
HENRY J. GARDNER AND BETER J. BUTLER vs.,
NEW ORLEANS, MOBILE AND TEXAS RAIL
ROAD CCMPAEYo
Circus 0ou16 of the United States, District o.
Louisisna-No. 6S59.

DrRsUANT TO A DECREE RENDERED IN
L the Circuit Court aforesaid. at the term
of said court. commencing the fret Mon
day or November last. and under the author.
ity of sad court and TO carry into execution
bv the said corpoI Iatlcn hearing date on the ght.
eenih of March A. d. 1869 to the plaintiffs in sad
caUse and iiled in the proceedings OF the suit aoTe.
said. to secure by the term, Of the same four
Thousand bonds, of $1,000 each. ct a uniform
series Wi coupons attach he'd forty dollars each,
oea6 and upon which mortgage CT deed there IS
due he sum of 81 32o000 as declared in the decree
i'll said canse. The undersigned trustees, under
the supervision and directions OF the undersigned
8uasteTs arpoin. ed in the decree will, FRiDAYe
Sane 60 1879 in the city of New oriearss
between tn. hours Of II A. " and p NJ, proceed
to sell the following property described in tie sa
mortgage deed in four separate parcels as hero
matter described at public auction for cash 20 the
highest bidder.
lirst-All that portion of the main line Of the
railroad of The said New Orleans Mobile and Texas
Sween the cities of New Orleans and Noble, and
within ohe sd d cities and upon the lands, bI4lo9
o2gs. machinery, rolling stock, and Jtheo real and
sersonal property, and the franchises, tolls rghts
and privileges pertaining and exclusively helcngs
f"ad and separately used with the same an9s
branches and roads connecting the1eunto. incuds
ing al the derots, staticnhouses, engine houses,
carhOusts, feighthCuses, stOrehouses, whaTves,
warehouses, wUodhOuses, machine shops repair
shops, business Offices and other shops offices and
buildings now owned or posse -sed by said corpora
tion, together with the superstructure and ron
rails, and its appurten rolling stock engines
cartenGers, tools, machinery, steamboats,, tug
boats and their tackle, apparel and furniture, and
other per. onal property and s'ock in connect ng
roads used aforesaid. and the ferry rights
the Mississippi river.
Seccnd-All that portion Of the road, commencing
the point WestwegO, opposite to the city Of New
Orleans, the west bank Of the Mis- ssiss pp river
AID extending along the track of road fox a dis
tance of seventy mes, with all the rights OF sne
SAID corporation in the said portion OF the main
line, together with che ands buildings, machinery,
az nc n rfal md mai nrNn nd
the franchises tolls, rights privileges, pertaining
and exclusively belonging to the said PORTION CT
the said road, and separately used with the sanL
and including 1epots, station houses, engine
houses car houses, freight houses, stOrelOuses,
"hsrves, warehouses, sheds. machine shops Offices
and buildings in com ecJOn wi; h the said portion
of road west of the Mississippi river, together with
tie supe1stIucture, iron. rails and appurteLances,
also the rolling stock, engines cars tenders. toos
steamboats,, machinery and Other boats ard YES.
GELS, and their tackle apparel and furniture, fuel,
maj. ilas ard other pc rso' al property apper'aii
ing to and Used with the constructing, repairing OF
wing the buiness Of this portion Uf the IoatG
separately ard exclusively.
Thrd-ail that portion of the man line of said
road located, or TO he located, from the p"nt on
The -oad, seventy miles from Wesrwtgr, a'dex-
terdlns westerly through the state OF Loa!siaLs
to the :a:.ne river. with all the lands, buildings,
rights Of way, approximations, franchises, lois,
privileges, depots, stations or other rights of way
OF TIE said co:pora,i ion which may be Led or
conveyed by the said trustees, under this dtG
cree, with the come cling roads, either located or
surveyed, or to be located and surveyed, III the
said road, or connecting roads. or branch roads "a
Shat portion of the said road within the said STATIC
Fonrth-sll of the road from the Sabine river to
fTe city oG Houston in the State of Texas with 40
She lands right of way, approximations. buDdngso
depots statiOns ,statiOnhOuses shops rolling stocRo
machinery, materials appertaining or belonging
to the line of road from the Sabine river aforesau
60 the city of Houston, and exclusively beionglnG
to the sane AID any other real and persona piol9
privileges not herein described and which are eeS
Gluded in the said deed. -,
y, 4ba caIe uuistq
9his deed of trust and the decree herein menioDeo
is to be subject to deed of trust bearing date the
hfst day OF January ss by .rGa saa Prpatees
and wnich affects that portion OF the SAD roaa a
and property before mentioned lying w:tpin he .ho
cities of New OIleans and Mobile ana between the
said cities and is not to mp9ir in any manner ns .ns
incum brance aforesaid. or The rights under lne
said deed. The said mortgage or deed to sald pasS ~
ties beng made to secure UNIFORM sti1es ,S
bonds, of four thousand in number, SEd each Io~
enc thousand dollars. with interest coupons ap
CACHED OF forty dollars each, payable senFanhuaHy
on the hrst OF January and July Il each ysal n
bearing even date with the mortgage, ard "LIcn a
is referred to IN the said mortgage or deco oi "-0
to the plaintiff in this suit.
And II is further understood that the proper%9
included in the second ard third or other FaIce.s
above described, being the property lying "es@
ery OF the city of New Orleans and of the n selso
sippi river in the States of Louisiana aud le4aS9
shall be SUBJECT to the mortgages or deeds OF I. @ d
executed by the said corporation under the po"'ell
reserved in tho deed of mortgage or trust u'C
scribed in the ocetdngs in this canse, TO lss1e
ing f2J,0OO per mile for each mile OF the fa4ioau
OF railroads constructed west of he Mlsslssipf,
IIver; which power has been executed by the sau
corporation by the execution of a mortgage W
cuted to Oakes Ames and Edwin d. Morgan dates
the fifteenth day of March, 1879, whereby an lssuo
OF bonds to the amount Of $3.50 per mi 9 ""o %
provided for upon all of the tract Of road ID Ine
state Of Louisiana, and the of S25cO0 Tor aIoa
the track west ofthe Louisiana line and lying ntne
state Of Texas; which mortgage was modiheo W
an act OF mortgage dated first of January, loZ ouC
does not increase Ihe amount of the incum bTaneer
ana, also. further mortgage bearing date hrst VI
July, 1879, securing the payment of the eecon1
mortgage bonds guaraT teed by the state OF @ Losn
lslana. and vFhich mortgage is an neum orange e. I
Tue lalroad OF said corporation to the west on t
river Mississippi and extending to the sapAnS
F!'ef and all other mortgages existing undef e"'S
There will be prepared, twenty days before IA "a
DAY OF sale, entOry of he property 10 De SOU
n the different parcels, and copies of the moe l
cages Will be in the hands of the masters for =,
oitlon to any person desiring to purchase Inv
power to the trustees to bid for the bond hoseIsS 10
reserved in the decree.
The trustees and the masters will give informag
uon OF the matter in rusted to them prior - ting
saip HENRY J. GARDNER
PtTER BUTLER, Trusteea9
RCHERT H. SHANNON,
J. W. GCRLEY MastersD
Mobile Republican and Register coryo
ego ties