New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-30
SALE By AUCTION OF THE NE" ORLEANS
MOBILE AND TEXAS RAILROAD.
HENRY J. GARDNER AND PETER j. BUTLER VS.
NEW ORLEANS. MOBILE AND TEIAs BALL
ROAD COMPANY.
Circuit Court of the United States. District Q
Louisiara-NO. 69ss.

DuRsrASr TO ! DECREE 'RESDE IRE IN IN
OF said court. commencing the nist MON
day OF November last. anu under the sut t
;ty of said court. and TO carry into execution
the terms of a deed of trust or mortgage executed
;,v the said corporation bearing date on the esht,
-case and fled in the proceedings of the suit afore-
said to secure By the terms OF the same lOus
thousand bonds, OF slnps eaen, OF nsr
nayable The first day of April and October OF each
year and upon which mortgage or deed there 10
due the of a. 800 900 as declared in the decree
in said cause. The undersigned trustees, under
the supervision and directions OF the undrTs,Sned
masters apP9ntsd IN b the sr Of WI" New Oreans
in from, of the poztotfice OF shs SAID city,
between the hours of II A. NJ and p NJ, proceed
mortgage or deed in four separate parcels as here
matter described al public auction Tor casa 10 'ne
First-All that portion o. the main line q the
Railroad Company, located OF TO oe laca1e" se
within the sa cities, and upon the lands, 6tlid,
nse machinery. rolling stoS and other real ana
personal property and the franchises tolls. rights
and privileges pertaining and exclusively belong
ing to portion OF the main line OF the said ran:
road and separately used with the same ;si ana
ing all the depOts, statonhouses, snSnenouses.
carhouses, freight houses. storehorses, wharves
warehouses, wOodhOlses, machine shops, repair
shSps business offices, and other shops, offices ana
buildings now owned possessed by said corpora
ton. together with the superstIuesn,e ana iron
car-tenders, tools, machinery: steamooais. tuS
boats and their tackle, apparel and furniture, ana
| other personal property and stock IN connectias
roads used aforesaid. and the ferry rights across
the Mississippi river
| Second-Al that portion % the road, commencing
a: the point Westwego, opposite to the city OF New
Orleans on the west bank of the Mississippi river.
| and extending along the track of road for dis
lance of seventy miles, with all the rights OF the
! said corporation in the said portion OF the main
line together with the lands, buildings machinery
stock and other Iea! and persona properly: anu
| and exclusively belonging to the said portion CT
the said road, and separately used with the same,
and including 'iepOts. station houses, engine
| houses car houses. freight houses stoIehouses.
| wharves, warehouses; sheds machine shops, offices
| and buildings i'll connection with the said portion
of road west of the Mississippi river together with
the superstructure, Iron. rails and appurtenances
also the rolling stock engines cars tenders Tools
| steamboats, ma hinery ana other boats and YES
ses and their tackle. apparel and furniture. fue.
materials and other person al property appertain'
ing to and used with the constructing repairing or
carving on the business Of this Of the road
| separately and exclusively.
Third-All that portion OF the main line OF said
! road located or to be located, from the point on
| the road. seventy miles from Westweso, ard ez
| Re, ding westerly through the State of Louisiana
to the Sabine river. with all the lands buildings
| rights of way. approximations, franchises. tolls
privileges depOts, stations or other rights OF way
| of the said corporation, or which may be held 0:
| conveyed by the said trustees, or under this de
cree. with the connecting roads, either located OF
surveyed, or to be located and surveyed. in the
U de
! said road or connecting roads, or branch roads o.
that portion of the said road within the said State.
! FOurth-All o: the road from the Sabine river t.
the city of Houston, in the State of Texas. with al
the lands, right of way approximations buildings
depots stations statiOnhouses, shops. rolling stock
to the line road from the Sabine river aforesaid
to the city of Houston, and exclusively belonging
to the same. and any other real and personal pop
privileges not here N described. and which are III
| Guided in the said deed.
| And ia to hs, uIaCsS nd ylat mo sal md
this deed of trust and the decree herein mentione,
is to be subject to deed OF trust. bearing date tL
to Cakes Ames and Edwin D. Morgan. trustee.
! and which affects that portion OF the said yOaI
cities Of New orleans and Mobile, ana between III
| said cities and is not to impair i'll any manner TIN
| incumbrance aforesaid. OF the rights under tn
! said deed. The said mortgage or deed to said par
ties being made to secure a uniform series o
bonds, of four thousand in number. end each 70
one thousand dollars. with interest coupons at
tached of forty dollars each, payable semi annua
on the first of January and July Of each year. ant
bearing even date with the mortgage; and whic
is referred to in the said mortgage Or deed OF tgus
! to the plaintiff in this suit.
And it is further understood that the propers
| Included in the second and third or Othei parcel
above described. being the property aging ives,
erly Of the city OF New Orleans and Of the Missis
sippi river. in the States of Louisiana and Texa.
shall be subject to the mortgages deeds of srus
| executed by the said corporation under the powe
| reserved in the deed of mortgage DE- trust de
scrbed in the proceedin IN this cause. to iss,l
! bonds TO an amount in che aggregate not exceed
! ing S25 900 per mile for each mile of the 3ailroa
. | or railroads constructed west of ihe Mississippi
I river which pewes has been executed BY the sal
I corporation by the execution of mortgage e8,
I Cuted to Cakes Ames and Edwin D. Morgan date
the fifteenth day Of March, 1870 whereby an :ssu
! of bonds to the amount of SIP 500 per m!'e wa
provided for upon all OF the tract Of road in tn
State of Louisiana, and the sum of D. eco for all
Che tack west of the Louisiana line and iyisg I'll
! state OF Texas which mortgage modified
an act OF mortgage dated first of Iannars 1872 BIT
does not increase the amount Of the itcum brance
! and, also, further mortgage bearing date frse
2 ! July. 1870. secuyin9 1ae payment of che secOn
| mortgage bonds guaranteed by the State of Lo
| isiasa. and which mortgage is al incum bfapee
the railroad of said corporation to she west of IL
! yives Mississippi and extending 20 ehs Sa6ir
. r.ver: and al otAes mortgages eIistin: SndeS sa
I pOwe..
There vii: Be PREPARED twenty days before ~
day Of sale, an inventory of the property 20 be so
I 10 che different parcels, and copies OF she NOR
Cages viii be in the bands of Che masters foy 4l
. oiton 20 any person desir.ng TO purchase. I'll
POWER to the trustees to bid toy she bond DO deya
, | reserved jill the Decree
=? The trustees and the masters wiz give inform
Ron os :hS paster ntrlsted 70 them pGiNS ~ Il
| ssls, HENRY J. GARDNER
! PETER BUTLER TruseesS
ROBERT H. SHANNON
W. GURLEY, Masters
= Mobile Republican and Register copyo
t,aE