New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-04

DrRsUANT TO DECREE RENDERED IN
L the Clrsuit Court AFORESAID; At sr .ne Mon.
day o. November last, ana under me au ,,t or
ity of said court and 70 carry .n.o Hecrted
Nv tbe said coronation bearing date on the elSht,
eeuth of March a. D. 1859 10 the plalntHs ID sa40
cause AID fled the proceedings OF the SUM- aiSre
thousand bonds Of Slnoo each, OF untloa i
series, wi coupons attached OF loCty uDa ~
YEAR. and upon which mortgage or deed there Is
due the OF 81 32o oo0 as declared IN the decree
in said cause. The undersigned trustees, uhdeL
the supervision and directions OF the undeTslgnea
masters apgsnted in the decree WI" yW ON orleans
5np }e0a , ot ,h IN p sns Of the sad city
between the hours of II A. N. and P. NJ, proceed
to sell the following property described Ia lne Eau
mortgage deed in fo'ir separate parcels as mere
matter described, al public auction tor cash 10 the
First-AlI that portion of the main line Of the
railroad of the said New orleans. Mobile and Texas
Railroad Company, located or to be located 10.
tween the cities of New Orleans and Moolie, ana
within the sa cities and upon the lands build
iups machinery rolling stock and other real ana
personal property. and the franchises t0Ils flShts
and privileges per tanning and exclusively ce!ong-
ing to said portion of the man line OF the SAID ran
road and separately used with the same ana
branches and roads connecting theieunte lnclua-
ing all the depots, statlonhouses, ehsihohoEses'
car houses freight houses storehousts, WhafVes,
warehouses woodhouses machine shops, repair
Shops business offices and other shops, offces ana
buildings now owned or possessed by SAID corpora
ton together with the superstrucIufe ana Hon
rails, and its appurtenances, rolling stock, engines
cartenders, tools, machinery. STEAMBOATS,, tug
boats and their tackle, apparel and furniture, ana
other personal property and sock III Connect As
roads used aforesaid and the Jerry rights acIoss
the Mississippi river.
Second-All that portion OF the road, commencing
at the point Westweg0, opposite 70 the cry OF We"
Orleans on the west bank of the Mis- ssissipp river,
and extending along the track OF road Tor a dis
lance of seventy miles with all the rights OF the
sad corporation in the said portion OF the main
too fbaryK ~ ",
stock and other real and personal property, ana
the franchises tolls, rights, privileges; pertaining
and exclusively belonging to the SAID portion or
the said road, and separately used with the same,
and including fepOts, station houses, engine
houses, car houses, freight houses, storehOuses,
wharves, warehouses, sheds, machine shops, omcts
and buildings i'll connection with the said portion
of road west of the Mississippi! river together with
the supeTstructure iron rails and appurtenances,
also the rolling stock engines cars tenders tools,
steamboats, machinery and other boats and yes.
ses and their tackle apparel and furniture fuel,
materials and other persO. a. property appertain
ing to and used with the constructing, repairing or
carving the business OF this portion OF the road
separately and exclusively.
Thrd-All that portion of the main line of said
road located or to be located, from the point on
the road, seventy miles from Westweg0, 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 ard surveyed, in the
State of Louisiana, and which apseItains to the
said road, connecting roads, Or branch roads o.
that portion of the said road within the said state.
Fourth-All OF the road from the Sabine river to
the city of Houston in the State Of Texas, with all
the lands, right of way, approximations buildings
depOts stations, statonhOUses shops, rolling stock
machinery materials, apper tanning or belonging
to the line of road from the Sabine river aforesaid
to the city of Houston, and exclusively belonging
to the same and any other real and personal prop
erty franchises, rights OF way, tolls. grants or
privileges not herein described, and which are IL
al, ,.1n1i in. ha oil
And it is to be understood that the sale under
this deed of trust ami the decree herein mentioned
is to be subject to deed Oh trust bearing date the
first day of January, 1859 by tie SAID corporation
to Cakes Ames and Edwin D. Morgan, trustees,
and which affects that portion of the said road
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
incumbrance aforesaid. or the rights under the
said deed. The said mortgage or deed to said par
ties being made to secure a uniform series or
bonds, of four thousand in number, and each for
one thousand dollars, with interest coupons at
taChed of forty dollars each payable semi annually
on the first of January ana July # each year and
bearing even date with the mortgage and which
is referred to in the said mortgage OF deed of trust
to the plaintiff i'll t1.ssrit.
And It is tl,tie. understood that the property
included in the second and third or other parcels
above described. being the property lying welt
erly of the city of New Orleans and of the Missts
sppi river. in the States of Louisiana and TeXaG,
shall be subject TO the mortgages deeds of rust
executed by the said corporation under the pOweE
reserved III ths deed OF mortgage or trust de.
scrbesi III the procetdiI III this cause, to issue
bonds to amount in the aggregate not exceed.
ing S . 600 per mile ter each mile OF the railroad
railroads constructed west of the Mississippi
river which peweg has been executed by the said
corporation by the execution of mortgage
cuted to Cakes Ames and Edwin d. Morgan dated
the fifteenth day of March, 1870 whereby issue
of bonds to the amount of f2 500 per mile
provided for upon all of the tract of road in the
State of Louisiana and the of S25 00O for all of
the track west of the Louisiana line and lying in the
State of Texas which MOI tgage was modified by
act of mortgage dated first Of January 1872, but
does not increase the amount of the membranes;
and also a further mortgage bearing date first of
July, 1870, securing the payment of the second
mortgage bonds guaranteed by the State Of Lou
isiana, and which mortgage is an incumbrance on
the railroad of said corporation to the st of the
river Mississippi and extending to the Sabine
river; and all Otaer mortgages existing under said
power.
There will be prepared, twenty days before the
day of sale an inventory OF the property to be sold
i'll the different parcels and copies of the mort
cages will be IN the hands of the masters for exhi
btion to any person desiring to purchase The
power to the trustees to bid for the bOndhoders is
reserved in the decree.
The trustees and the masters will give infOrma-
ton OF the matter intrIsted to them prior to the
sale. HENRY J. GARDNER
PETER BUTLER, Trustees
ROBERT H. SHANNON,
J. W. GURLEY, Masters.
Mobile Republican and Register copy.