New Orleans Republican., 1873-05-07
AUCTION SALES.
By Trustees in ChaucerY.
SALE BY AUCTION OF THE NEW ORLEANS
MOBILE AND TEXAS RAILROAD.
HENRY J. GARDNER AND PETER ;. BUTLfR vs..
NEW ORLEANS. MOBILE AND TEXAS Rail.
ROAD COMPANY.
rifeuit Court @: tie United States, rs.:!ct o
C....eisna-Nc.S SgsG.

DtR>CANT 10 A DECREE RfND2EED IN
ths cTsnit & Court aforesaid; s az the Ten, term
day OF November last, AID under the author.
| ity of said court and TO carry into execution
the terms Of deed OF trust or mort gage executed
by he said cOrpoI hea ing date the eight
eenth of March A. D. 1869 TO the plaintiffs il sad
cause and fled in the proceedings of the suit trTe
! sad. to secure by the terms of the sane four
| thousand bonds OF 4 lho0 each OF un.foim
series with coupons attached OF forty dollars each
PAYABLE ,he fist day of April ane October of each
! year, and upon which mortgage or deed there is
due the sum OF 32o 600 as declared in the decree
| in sad cause. Tie undersigned trustees, under
the suptl vision and directions OF tie undersigned
masters appointed p in the decree, will on FRIDAY
lane sson is' in III, city % Of New 9rleans
between the hours OF II a N. and P. NJ, proceed
10 sell the following property described in the 4
mortgage deed i'll tolr eparate parcels as heres
iDafter described, a; pubic auction for cash to The
highest bidder.
/ iIrst-AI that port on of the main Zine of the
railroad Of 1he sad New Or eans Mobile and Teas
Railroad Company. located, or TO be located be.
| tween the cites Of New Orleans and Mobile and
within the sa cities, and upon the lands build.
ings. machinery, rolling stock and other real and
personal property, and the franchises tolls. rights
and privileges pertaining and exclusively telOng.
iIg to said portion CT the main line of the said rail.
road and separately used with the and
branches and roads connecting theieunto. incluG.
ing all the depOts, statiOnhOuses, engine hor sts,
cal houses, eight hGusese store houses, wharves
ware houses wuodhouses, machine shops, repair
shops, business etces. and other shops Offices ano
buildings owned posses sed by said corpora
tion together with the superstTuctuIe and iron
sals and its appurten ar ces rolling stock trr;nts
car tenders, tools, machinery, steamboats,. sugS
boats and their tackt apparel and furniture and
other personal property and ock in connect,ng
the Mississippi RIVER.
Second-All that portion o. the road commencing
at the point Westwego opposite TO the city of New
Orleans the west bank of the Mit ss;sslpp rivef
and extending along the track Of road for a dis
tance of seven y miles, with all the rights of the
SAID corporation III the said pOitcn Of the main
line together with the lands buildings naoi inery
stock and other real and personal property, and
the fraL Lchises, tolls, rights privileges pertaining
ard exclusively belonging to the said portion II
the salc road and separately used with the same
and including aepots, station houses engine
houses. car houses, freight houses, stOreLol;ses
wharves warehouses, sheds, machine shops Offices
ard buildings in connec' ion VII h the SAID portion
o. road west of the Mississippi river together with
the supeTstructue iron rails and appurtenances,
also the rolling stock, engines, cars tenders, tools
steamboats,, ma achinery and other boats and yes
ses, and their tackle, apparel and furniture, suAl
materials and other persOI al property appertain.
ing to and used with the constructing repairing or
carrying on the business OF this portion OF the road
separately and exclusively.
Third-ill that portion Of the main line of said
road located, or to he located, from the point ON
the road, seventy miles from westwego ard ex.
tel ding westerly through the State of Louisiana
to the Sabine river, with all the lands, budings
rights of way approximations, franchises. tolls
privileges, depots stations OF other rights of way
ot the said corporation, or which may be held OF
conveyed by the said trustees, or under this de
cree with the citing roats either located or
surveyed, or TO be located and surveyed in the |
State OF Louisiana, and which apse tains to the |
said road or connecting roads. branch roads OF
that portion of the said road within the said Statee
Folrth-All OF the road from the Sabine river TO
the city of Houston in the S'ate of Texas with oil
the lands right of way, approximations buildings
depots stat Ons ,stat;onhCuses shops rcliug stock
machinery, materials appertainur or beIonging |
tn the i;n of rnad from ~ Saah W. atoSiS
to the City OF Houston, and exclusives belonging
90 the same AIT any othes rea! and pea pI ols
privileges not aeisln de ser.cd. and m:.ch arg il.
Z esuded "a the said deeds
ths deed Of :ras: aid tn. decree herein mentioned
IS 70 te subject TO deed OF rusts beayng date the
tiIst day OF January; 1869 by tie said corporation
sc Cakes Ames and Edwin 2. Morsaus trustees
and which affects that portion OF the said road !
and proi erty before 'nenI Toned lying within the
cities of New Orleans AID Mobile and between the
said cities and is no: t. impair in any manner :he
iao oumbrance aforesaid. or the fights under the
sal! deed. TIE said mort &c or deed to said par.
bends, of four thousand in number and each for
one thousand dollars with interest coupons at !
Oh the fi:st of January ard Juv sf each year and
b. a1ng ven date with tho mortgage, and which
s referred to IN the said nortgag deed %: tTIst
t" fhe plaintiff III this sui:.
aud it IS fuItileE understood eelae ef~ pfopsrsy
included in she second and sbird or otSer parcels
ahove described. being the property lying w,sts !
s Ppi RIVER, in The states Of Louisiana aid Fexas,
shall be utject to the mort cages or deeds of sruss
executed by the SAID corporation under the power !
reserved in tho deed of mortgage Crust dec
scribed in the proceedings il this cause 20 issue
SCnCs 10 an amount III Ine hsTfeSato nOo exceeds
ing SIS 600 per miie for each mile of the railroad I
Or railroads constructed west of she Mississippi I
siver; which pow has been executed by the said
.OrpO, alton by the execution of a mortgage
luted 20 Oakes Ames and Edwin D. Morgan dated
the fifteenth day of March, 1870, whereby all issue
of bonds to the amount of il2 $50 per nile was
lnovded for upon all of the tract of road in the |
State of Louisiana. and the sum of 25 900 for all Of
the track west ofthe Louisiana line and lying in the
ate OF T, xas; which mortgage was modified by
All act of mortgage dated first of January, 1872 but
does rot increase he amount of the incum brances;
and, also, lrt heI uort gage bearing date first of
July, 1870 securing the payment of the second
uoI gage bonds guara tetd by the State OF Lou
s'aiia, and which mortgage is all incum brance on
he railroad of said cooperation to the west of the
.iver Mississippi and extending to the Sabine |
7ive'; and al CtRer mortgages existing under said
,Ower.
Tkere wiz be prepared, swentv days before the
Of sale, inventory Of tie property to he sold
e fhe different parcels, and copies of the mort
ges will be i'll l.: bands Of tie masters for exhi-
IIIon to any person dt string to pu'chase. The
lJwer to the trustees to isd foI che bond holders is
eserved i'll the de.iee.
Tie trustees and tie masters wiz give snfosmas
lGu Ot sEs ~ stter in'rusted to them priOS 10 :Ie
.s. HENRY J. GARDNER,
PETER BtTLFR, TIuste.&
ROBERT SHANNON,
;. w. GCRLEY, Masters
Mob.'s r. rUOacan and Register G,p..
apo te6