New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-25
HENRY j. GARDNER AND PETER }. BUTLER VS.
NEW ORLEANS. MOBILE AND TKxAs BAIL.
ROAD COMPAkY
Crews Cssrt OF the Untea Ststes pastrie: OF
Aspuis;anfs-No> G55e.

DuRsUAET 70 DECREE RENDERED In
| Il the Circuit Court aforesaid, at the term
| of said court. commencing the first Mon
| day OF November last. and under the author
| the terms of deed of trust or mortgage executed
by the said corporation bearing date on the eight
zenith of March A. D. 1869 to the plaintiff. in said
cause and filed in the proceedings of the suit sfore
said to secure by the terms of the same four
| Thousand bonds. of $1,000 each, OF q uniform
series, with coupons attse bed of forty dollars each
payable the first day of April and October Of each
year, and upon Which mortgage or deed there is
due the sum of 81 $40 900 declared In the decree
in said cause. The undersigned trustees under
the supervision and directions OF the undersigned
masters appointed in the decree. will, on PRIbAY,
| June 8, 1873, in the city of New Orleans,
| in front of The pos tofice of ia. sad city,
between the hours of II a. NJ. and p NJ, proceed
to sell the following property described in the
mortgage deed. in four separate parcels "a here
matter described, at pubic auction for cash to the
| highest bidder.
| Ffrst-An that portion Of the main line of the
railroad of The said New Orlean-, Mobile and Texas
| Railroad Company. located or TO be iaOated. be.
| tween the cities of New Orleans and Mobile and
within the ga cities and upon the lands, build.
lDge. machinery rolling stock, and other real and
personal property. and the franchises tolls rights
and privileges pertaining and exclusively belong.
ing to said portion of the main line of the said rail-
road, and separately used with the same and
branches aud roads connecting tbeI eunto, includ
ing all the depots, statiOnhouses, enginehouses,
car houses, Il eight houses, stOrehouses, wharves
warehouses, wOOdhOuses, machine shops, repair
shops business offices, and Other shops offices
buildings now owned or posse sed by said corpora
ton, together vii b the superstructure and iron
rails and its appurten rolling stock engines
oaT-tendeTs, tools, machinery, steamboats,, tug
boats and their tackle. apparel and furniture aud
other psrs onal property and ock in connecting
roads used as ort said and the ferry rights ACROSS
the Mississippi river.
Seeond-All that portion % the road, commencing
az the point Westvego opposite to the city of New
orleans, the est bank of the H ssissippi river
and extending alohg the track of road fer dis
lance of seven miles, sith all the rights of the
SAID corporation In the said portion Of the main
hne, together witt the lande, buildings machinery
stock and other real and personal roperty, and |
the franchises, tolls, rights privileges, pertaining
and exclusively belonging to the said portion 4 |
the sal" road, and separately used with The same
and including iepots, Station houses engine
houses. car houses, freight housee, storehouses |
wharves, warehouses, sheds, machine shops, Offices |
and buildings in conneo lion wi h the said portion
of road west Of the Hissss ppi river together with
the superstructure, iron rails and appurtenances
also the rolling stock engines cars tenders tools
steamboats,. machinery and other boats and I
sels and their tackle apparel and furniture. fuel /
ma eIials and sther Pt rso al property appertain
ing to aid used with the constructing repairing or
carry ing the business of this portion OF the road
separately and exclusively.
ThiTd-All that portion OF the main line Of said
road located, or to be located, from the point on
the road, seventy miles from Westwego, sndex-
ter ding westerly through The State of Lousiais
to the Sabine river with all the lands, buildings |
rights of way, approximations, franchises. tolls
privileges, depots. stations or other rights of way
Cf the said COZ poratiOn, which may be- held or !
conveyed by the said trustees, under this de-
cree, wi b the CONNIE cling roads, either located or
surveyed or to be located and SURVEYED in the |
State of Louisiana, and which ap7e tains to the
said road. or connecting roads, or branch roads of
that portion of the said road within the said State.
Fourth Ill Of the road from the sabine river to
the CITY of Houston in the 81 ate of exas vii ali
the lands, right of way approximations buildings,
depos' station stat onhouses, shops, rolling stock,
machinery, materials, appertainiRg or belonging
to the line OF road from the Sabine river aforesaid
to the city of Houston and exclusively belonging
to the same al any osher real and persons al prop
trty, franc hises. rights of wav, tolls. grants or
privileges not herein described. and which arc in
Guided IN the said deed.
And it is TO be understood hat the sale under
this deed OF trust and the decree herein mentioned
is to be to deed OF trust bearing date the
ii It day of January 1869 by ii said corporation
TO Cakes Ames aud Edwin n. Morgan, trust tees,
and which affects that portion of the said road
and pro- erty before men Toned, lying within the
cities of New Orleans ard Mobile, and betw cen the
said cities, and is moi 10 IMPAIR in any manner the
incumb rance Aforesaid, or the rights uuder the
said deed. The said mort ige deed to said par
ties being made to secure uniform series of
bonds, of four Thousand in plumber, snd each for
one thousand dollars. with interest coupons at
tached of forty dollars each, payable semi ally
on the first of January and july I each year, and
b. airing even date with the mortgage and which
referred to in the said mort deed of trust
to the plaintiff in this suit.
And it is further understood that the property
included in the second and third or OF her par GELS
above described, being the property lying west
erly of the city of New Orleans and of the Missis
81 ppi river In the states of Louisiana and Texas
shall be subject to the mortgages deeds Of rust
executed by the said corpOI atioA under the power
in the deed OF mortgage or trust de-
bonds TO an amount In the aggregate not exceed
ing S25 0$O per nile for each mile OF the railroad
or railroads constructed west OF The Mississippi |
river; which psWer has been executed by the said !
corpOIa al ion by the execution of a mortgage exc
cuted to Cakes Ames and Edwin u. Morgan dated I
the fifteenth day of March, 1870 whereby AL issue [
Of bonds 10 the amount OF $50 per mi e was |
provided for upon ell of the tract OF road in the
Statt OF Louis and the Of IS 900 for all OF
he track west the Louisiana line and living in the
ate of T. Ias; " hich mo- teage modified by |
an Get of mortgage dated first OF January 1872 but
doe not lucrea>e he amount OF ii 9 membranes |
aud, also. further mortgage bearing date first Of
July. 1870 securing the payment of the second
mortgage bonds guaraI teed by the state of Lou |
slana, and which mort gage is AL incumbrance on |
he raIoa of said corp ration TO the We of the |
Tiver Mississippi and extending to the Sabine |
river; and all OtneE mort cages existing under said
Iowef
There will De prepared. twenty days before the
lay of sale inventory of the properly to BIZ sold
n the different parcels. and GO les of the mort
ges will be il hands If the masters for sXhi-
litiOn to any per d, string TO pu, chase The !
to the trustee 30 bid for the 6Ondboders lie
eserved in the Decree
The trustees and the masters will gfse informs I
ion OF the platter inr1lsed thsn, prior to the
aIeo RENRf J. GARDNER,
PBTER B TTLtRs trustees
j. W GuRLBY,
ROBERT H SHANNON. MssterN
Mobile Republican and Register pyo
spso tt6