New Orleans Republican., 1873-04-30

nCR>UANT TO A DECREE RI NnERtD IN
L the Circuit Court aforesaid at the term
Of sad count. commencing lne & nas. ;4Gn tinr.
itv Of said court, and 10 carry INTO execution
the terms of decd ot trust or mortgage executed
bv he said corpoi ati"n bearing GATE on ne gnt,
eentn OF March A. D. 1863 to tie plaintiffs in SAID
cause and fled in the proceedings OF the suit at0re
said TO secure ty the telmS OF tie SANE tour
Thousand bonds of + 1000 each, OF a uniform
series with coupons attached, OF forty dollars each,
payaol- tLe first day of April and OeoheT OF each
year. and upon which mortgage or deed there IS
due The sum Of T 320 900 as declared III the decree
in said cause. The undersigned trustees, under
the supervision and directions OF the uHd-rsghtd
masters appointed III the decIee W. On fhipa1' '
June g. 1873 in the city OF New Orleans,
in front of The o'tettice OF IN ~ "a d yi ely;
to sell tie following property described IN the Sd
gage deed, in tonr separate Parces as here
irafter described, al pubic auction Tor cash to the
highest bidder
Fi1st-All that port on of the main l!ne ot he
railroad of he said New OF can, Moh:le and Texas
RAJ road Company, located. or TO he lfca+ed. be
tween the cities of New Orleans ard Noble, and
vi; hin the sd cities, and upon tie lands, build.
nGs. machinery, rolling stock ana 1ther I-a! an"
personal property aud the franchises, tolls, rights
and privileges pei taiLing and exclusively fe!OnR-
g TO sid portion OF the Iuain line OF the said raj
road, and separately used with the same and
branches and roads connecting theJeuIto. iuclLi'-
ing all the depots, stationEOuses, engEe EOEses,
caI.hriI.gg f. eight houses storeLOuses, wharves
warehouses, woOdhouses, machine shops, repair
shops, business offices, aud other shops, offices and
tuidl gs now owned or POSSESSED by said corpora
II.
rails and its appul enAnces, roI stock, eI 8 ne
! car.tenders, tools, machinery steamboats,, tug
other rers onal property and s ock III connecting
roads used aforts and the Terry nights ACROSS
;ne VI ssissippi river,
Second-All that portion of the road, commencing
a. the point WestwegO, opposite 10 the city ot Sew
Orleans Oh the west bank of the Mlt ssss PIP! river
and extending along the track Of road Tor d dis
tance of seven miles with all the rights OF the
said corporation i'll the said portion OF the main
line together with the lands, buildings, machinery,
stock and other real and personal property, and
the aauciises tolls, rights, privileges, pertaining
and exclusively belonging to the sald IortiOn I
tlit saio road, and separately used with the same
and including depOts, station houses, engine
houses car houses, freight houses, stoTehouses,
whervts, warehouses; shells, machine shops, Offices
and hu,Idpns in conuecti ion with the said rOrton
OF ROAD west of the Mississippi river together with
the supeIstructure, iron. rails and appurienances
also the rolling stock engines cars tenders, tools
SO : and their tackle apparel AID furniture, fIel,
materials and Other Ptrso al property appertain-
ing 10 AID used with the constructing, repairing
The uiness ~ Gill7 portion OF the ROAD,
separately and exclusively.
Thrd-All that portion e the man line Of SAID
roq,i ioratrd or to be located from The point ca
the cad, seventy miles from WestWegO. and eX.
teI du4 westerly thraUgh The State OF Louisiana.
TO the Sabine river wi h all the lands, buiidinga,
rights of way, approximations, franchises, toi4s
privileges de pots, stations or ather rights OF
If the said pora ion, oT which may he Ieid or
c0-vey ed by the sait trustees, or under this de
cree, with the connt c'lt@ foabs, t}tber located or
ed or 10 be located and surveyed, IN The
State OF LGusiaHa and which apse. taiEs to tie
sad road or cOHuoc citing roads. hIauch roads OF
that -" of the said road within the said State.
70 nth All Of the road from the Sabine river 20
The cry of Houston i'll the STATE OF Texas with al
/ the ards right IF way, approximations buildings
Gepots STAT ,statiOuiOuses shops rolling stock
rnpc;,lrery materials aupertaiuiTn or btIonolr o
to she line of road from the Sabine river aforesaid
10 the city Of Houston, aud exclusively belonging
tle same, AID any other real and pes supa pI op-
trty, franchises, rights of wav tolls, grants OF
privileges not herein described, and Which are IL
cluaed il the said deed.
And it IS TO be understood that tie sale under
III. deed Of trust and the decree ieIe.p mtntinrrd
is be su ect to deed Of Il ust, bearing date tie
first day OF January, 1853 Sd q COrpOrat lion
TO Oakcs Ames and Edwin D. Morgan, trustees
and which affects that portion of the said road
aud pro. ertV before mentioned, lying within the
cities of New Orleans and Mobile, auG between the
said ties, and is not to impair in any manner the
ipcuIu br&nce aforesaid, or the rights under the
sad deed. Tie said mortgage or deed to said par
ties te.ng made to secure uniform series of
bonds, "f fouI thousand III number, and each for
thousand dollars with interest coupons at
tached of forty dollars each payable annually
Oh the nrst OF January and July + each wear and
bearing even dafe with the mortgage ard winch
is IeeTTed to in the said mortgage deed OF trust
to the plaintiff i'll this suit.
ARD il is further understood that -he urcup,,y
ircUdee III the second and thiId or other pal cells
above described, being the property lviIg wes--
erly OF The city of New Orleans aud Of the Missis
sjppl river. in the states Of Louisiana and Texas
sha be sui jtct to the mortgages or deeds of let
executed by The said corporation under the power
reserved in the deed Of mortgage or trust de.
sCTbrd IN the proceedings in this cause ia iss7.e
bonds 10 an amount in the aggregate not exceed
Ing $4,000 per mle for each IHile Of the railroad
OF railroads constructed west of the Mississi mi
rlFeI; which power has teen executed by the sad
C0rpCI alton by the execution Of mort gage ".
cutsd to Oakes Ames and Edwin u. Morgan dated
TIE fifteenth day of March, 1870 Whereby an issue
OF bonds to the amount Of + u SEQ per Tui e was
provided for upon all of the tract OF road in the
state of Louisiana and the sum of f25 600 for all OF
the track west Ofthe Louisiana line ana living in the
State II Ttxas; which mortgage was modified by
an act Of mortgage dated first of January 1872 but
dCts not increase The amount of the ncuInbrances:
and, also further mortgage bearing date first of
July. 1870. securing the payment Of the second
mortgage bonds guaraI teed by the State Of Lou
is.aHd and which mortgage is an iucumbTance or
the railroad Of said corporation to the west of the
river Mississippi and extending 20 the Sabine
river; and all OiHer mortgages existing under said
power.
There viii be prepared, twenty days before the
day ot sale, an Inventory Of the property 10 be sold
IN the different parcels, and copies Of the mort
"a ges will be IN TIE bands Of the masters for yI.
bIton to any person desiring TO purchase. The
power to the trustees to bid for the tOndho,ders is
leseTved in the decree.
The trustees and the masters will give inforua.
tou OF the matter intrusted to them prior 20 the
sale. HENRY J. GARDNER
PETER BUTLER, Trustee
ROBERT H. SHANNON
J. W. GURLEY Masters
Mobile Republican and Register copy
apo tje6