New Orleans Republican., 1873-05-28

DURsuANr 70 A DECREE RENDERED IN
L the Circuit Court aforesaid, at the term
day OF November last, and under the author.
ity of said court and TO carry into execution
the terms of deed OF trust, or mortgage executed
by the said corporation bearing date on the eight:
eenth of March, A. D. 1869 to the plaintiffs iC said
cause and filed in the proceedings of the suit afore
said. to secure by the terms of the same four
thousand bonds of $1,000 each, OF a uniform
SERIES with coupons attached of forty dollars each
payable the first day of April and October of each
year, and upon which mortgage or deed there is
due .he sum of 320 900 declared in the decree
in said cause The undersigned trustees, under
masters appointed in the decree will, on FRIDAY,
June 8, 1873. in the city of New Orleans,
n tSs Hf 1 saa e
to sell the following property described in the said
mortgage deed in four separate parcels as here
matter described. At public auction for cash to the
First-An that portion of the main line OF The
railroad of the said New Dreams. Mobile and Texas
tween the cities Of New Orleans and Mobile, and
within the sa cities, and upon the lands, build.
personal property, and the franchises tolls rights
and privileges pertaining and exclusively belong.
road, and separately used with the and
branches and roads connecting thereunto. inclut
ing all the depots, stationhouses, enginehouses
car-hOuses, Fl eight houses storehouses, wharves
warehouses, wOodhouses machine shops repair
shops, bUsines. offices and other shops, offices and
buildings now owned possessed by said corpora
ton, together with the superstructure and iron
rails and its appurten ances, rolling stock engines
cartenders, tools, machinery steamboats,, tug
boats, and their tackle. apparel and furniture, and
other personal property aud sock IN connecting
roads used aforesaid. and the ferry rights
the Mississippi river.
Second-All that portion % the road commencing
at the point Westwe9o, opposite to the city of New
Orleans, on the west bank of the Msssiss pp river
and extending along the track of road for dis
tance of seventy mics with all the rights OF the
SAID corporation in the said portion of the main
line, together wit ii the lands. buildings machinery
stock and other real and DprSpnal and
the franchises tolls, rights, privileges, pertaining
and exclusively belonging to the said portion CT
the said road, and separately used with the same
and including fepots, station houses engine
houses, car houses, freight houses, stocehouses
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, machinery and other boats and
ses, and their tackle, apparel and furniture fuel,
materials and other persor al property appertan
ing to and used with the constructing repairing or
carrying the business OF this portion of the road
separately and exclusively.
Thrd-All that portion of the main line of said
road located, OF to be located from the point on
the road, seventy miles from Westwego, andex-
tending 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 or
conveyed by the said trustees or under this de
cree, with the come citing roads either located or
surveyed, or to be located and surveyed in the
State of Louisiana and which appe, tains to the
said road, or connecting roads, or branch roads O,
that portion of the said road within tie said state
FOurth-All of the road from the Sa nine river TO
the city of Houston in the state of Texas with ali
the lands, right OF way, superstructions buildings
depOts, stations, ,statiOnhOuses shops rolling stock
machinery materials, appertainng or beiongng
to the line of road from the Sabine river aforesaid
to the city of Houston and exclusively belonging
to tine same, and any other real and person al prop
erty, franc hses, rights of wav, tolls, grants or
privileges not herein described, and which are in.
cluded in the said deed.
And it is to be understood that the sale under
this deed of trust and the decree herein mentioned
is to be subject to deed of trust bearing date thu
first day of January, 1862 by the said cOrpora lou
to Oakes Ames and Edwin D. Morgan, trustees
and which affects that portion of the said read
and property before mentioned, lying within the
cities of New Orleans and Mobile, and between the
said cities and is not to impair in any manner the
lncu'nbrance aforesaid or the rights under the
said deed. The said mortgage or deed to said par
ties being made to secure uniform series or
bonds, of four thousand in number, and each for
thousand dollars. with interest coupons at.
tached of forty dollars each payable semi annually
on the first of January and July Of each year and
bearing even date with the mortgage, and which
is referred to in the said mortgage deed of trust
to the plaintiff in this suit
And it is further understood that the property
included in the second and third other parcels
above described, being the property living west.
erly of the city of New Orleans and of the Missis
sippi river. in the States Of Louisiana and Texas
shall be subject to the mortgages or deeds of irust
executed by the said corpora tiOn under the power
reserved in tho deed Of mortgage or trust de.
scribed in the proceedings in this cause to issue
bonds to amount in the aggregate not exceed.
ing s25 900 per mile for each mile of the railroad
or railroads constructed west of the Mississippi
river which power has been executed by the said
corporation by the execution of a mortgage exc.
cuted to Oakes Ames and Edwin D. Morgan dated
the fifteenth day of March, 1870, whereby an issue
OF bonds to the amount of BIZ 500 per mile was
provided for upon all Of the tract Of road in the
State of Louisiana and the of Is for all of
the track west of the Louisiana line and lying in the
State OF Texas which mortgage was modified by
an act OF mortgage dated first Of January 1872 but
does not increase The amount of the membranes;
and also further mortgage bearing date first of
July, l3so, securing the payment of the second
mortgage bonds guaranteed by the State OF Lou.
isana, and which mortgage is an incumbrance on
the railroad of said corporation to the west of the
river Mississippi and extending to the Sabine
river and ali other mortgages existing under said
power.
There will De prepared, twenty days before the
day OF sale an inventory of the property be sold
IN the different parcels and copies of the mort
cages will be IN the hands of the masters for exhi-
bItion to any person desiIing to purchase The
power to the trustees to bid for the bOndhoders is
reserved in the decree
The trustees and the masters will give ;nforma-
tiOH OF tha matter intrusted to them prior TO the
sale. HENRY J. GARDNER
PETER BUTLER Trusteea
ROBERT Il. SHANNON.