New Orleans Republican., 1873-05-25
AUCTION SALES.
By Trustees in Chancery.
SALE sY AUCTION OF THE NEW ORLEANS
MOBILE AND TEXAS RAILROAD.
HENRY J. GARDNER AND PETER J. BUTLER vs..
ROAD COMPANY.
Circuit Cour: OF .he Cn.,ei States. H:s:I:c.
Lol.siara-NO. ;ssS.
OCRSCANr TO 4 DECREE RENrfEED N

nURsrANr TO DECREE RENrfRED IN
L the Clrsui: Court aforesaid, al lie tenn
5ay Of November las, and nudtr the author.
ity of sad court, and 20 carry into execution
the terms of deed of trust, or mortgage executed
by the said corporation bearing date on the eight:
eenrh OF March. A. D. 1863 10 Vie plaintiffs il said
cause, and fled IN the proceedings OF :he slt atoTe
said 20 secure by the term. o! :he sane fo:ir
thousand bonds, or s 1909 each. OF "a arifcrrn
series, with coupons attached C forty Collars each.
payable n. first day of April and October OF each
year. and upon which mortgage or deed .heIe IS
due the sum OF - 32A COO declared il the decree
in said cause. The undersigned trustees, ander
the supervision and directions OF the nderslgred
June 6. 1873. in the city OF New Orleans.
in 'front.' Of ,he pot1t,ofheS OF, OF N. faid ely;
to sell the following property DE- scribtl E tie sad
mortgage deed in four separate parcels as here
matter described. at public auction tex cash 70 the
highest bidder.
FIst5A that pSrto9o ef the Ma Man line e the
Railroad COMPANY located, or to lie located, ct.
tween the cities OF New Orleans and Mobile, and
within the sa q cities and upon .he !ands, build.
Egs, machinery. rolling stock, ana 1tef T"a! and
personal property and the franchises. tolls, rights
and privileges pc! tanning and exclusively teOng.
ing said portion of the main line OF the said raj.
road. and separately used with tie same anG
branches and roads connecting e'eunto. inc ID
ing all the depots. statioIlhouses. ensinehouses.
car-houses f.etght. houses. .turefouses, whaTves
warehouses w0odhouses. machine shops. repair
shops business Offices. and otler shops, Offices and
buildings new owned or possessed ty sald corpora
rails and its appurten rolling stock, eiS nes.
car-tenders, tools. machinery. steam boa.s, :lS.
boats aud their tackle. appa!e! ard furniture, and
other persona! property and sock IN connecting
roads used as aforesaid and the terry rights across
the Mississippi river.
Seccnd-Ali that portion o. the road, commencing
az the point Westwego, opposite TO the city " New
Orleans the ives: bank Of the MsssssDp! river.
ard extending along the track OF road for dis
.ance of seventy miles with all the rights of the
sad corporation in the ssid portion OF the main
line, together with the lands .aldngs, machinery.
al, .t,.s nj n
che franchises tolls, rights, privileges. pertaining
and exclusively belonging to the said portion Il
the sai3 road and separately used with the same,
and including fepots, station houses erslLe
houses. car houses, :relgh: ao' ses, stofehonses
Wharves. warehouses, sheCs, machine shops Offices
and buildings i'll connection. win the said portion
OF road OF the Nssss ppi river. together with
the superstructuIe iron rails and appur-e naEces,
so .e rolling stock, engines cars. tenders. toos
steam boats machinery and other boats and ves
ses, and their tackle. appale! and furniture incl.
| materials and other perscI al property a'lertan.
ing ard used with the constructing, repairing or
caTrvin. the business OF this portion o1 the road.
separately ant. exclusively.
ThirG-All ,ha- portion OF the main .ne OF said
road located or to be located from the umut on
the road, seventy miles from Westweg1, andex.
| terdnc westerly throIgh Tie State CT Loaisiaha
20 The Sabine river, with al the lands t1!idlngs.
rights Of way. approximations. franchises, tolls
privileges dtpots, stations other rights of way
G. the said 60, poration wicn may be held or
conveyed by tie said trustees. or under this de
with the conut citing roads, either located or
surveyed 20 he located and surveyed. il tie
State OF Louisiana, and which apret tains TO :he
said read connecting roads. or branch roads o.
cha. port ion OF the said road witt il lie said State.
FoJrtil-Al. OF the road from the Sabine river TO
the city Of Houston, in the STATE Of Texas. Will all
lie !ands right of way, approximations. buildings,
depots stations stationhoses. Shops. rolling stock.
machinery, materials. appei:alLlng Or 1-iohgiEg
70 ..e ne CT road from Ike SABINE river aforesaid
| 20 the city of Houston and excl,s svely belonging
% t4e same and any other real ard PEI sol a. iHop
.rtv franchises, rights OF way. tolls. grants
privileges nor herein described, and which axe Il.
cli.eG =. the said deed.
&c 90 y a t1 .,'GT
III. tee OF trust and IT,. decree nereli3 mentioned
IS suhiec; TO deed OF tTus'. bearing date the
| % Oakcs Ames and Edwin D. Morgan. trustees.
and which affects that portion OF tie said road
anl 1Io.ertv before me,f,nIfd, Elns ";th,n ne
sad ties, and is nc. 20 impair N ary manner the
.uc1nlbTance aforesaid. or the rights u..dtr the
said deed. Tire said mort gage or deed 10 said par.
| ties beng made to secure uniform series OF
bonds, 4" four thousand il number, snd eaci. Tor
! aue 1hoHsand dol ars. with interest conr"ns AZ.
;ached of forty dollars each payable sen .annuai =
or the trst OF January and Ju!v .: each year and
| bearing even date with the mortgage and which
: referred Il III the said mortgage OF dee0 :! ;lI.s!
| 20 he plaintiff il this suit
| AID i IS farther understood .,at :he property
iucr.,ad III the second ard third or other lal cells
ar"vc described. being the f!"fetfT .N,iE "t ss'
| eIiv u! TIE city %. New Orleans aE'. Ci :n- Msss
| pr Ilvrr. in the states 81 Louisiana aid Texas,
s. all be subject to the mortgages deeds OF ms:
| executed by the said corporation under tie power
| reserved in the deed OF mortgage oy trust &c.
scr!b.d il. TIE proceedings il! :Ls cause. :" issue
|
.Lg : q $50 per nile fer e.ci. isle OF the ral :"ad
| or railroads constructed west of the AiseIssipII
| yivc.: which peveg las teen executed oy the said
cCrpUl az lon by TIE execution O.: ElOl gage exc
| curtd 70 Cakes ames and EDWIN H. Morgan dated
..e ti;+e,! day OF March. iG1h, whereby al. .ss'ie
! Of bonds 20 tie amount Gi 4l2S0 per II! e was
| provided for upon ali of he tract Gt road IN the
state Louisiana, and the sum Il $z5 0oti tC al @.
rle track west OF the Louisiana Inc ara lying IN tile
| State of Texas; which mortgage was ino0ihed by
al act OF gage dated first OF January !e42, nut
does rot increase lie amount OF the incnn brances
ard, also. further mortgage bearing date trsc "f
| July. .e,0 securing tis payment OF the second
! mortgage bonds guaranteed bv tie State ~ Lo1.
is;a,a. and which mortgage IS an i:cln b:ance OF.
tie railroad OF said corporation 20 the west OF tie
| river Mississippi and extending 70 :he Sabine
r.ve; and a.. ctpeY mortgages existing .ilde. SAID
| power
There will De prepared. twenty ia-s before tle
day Of sale, inventory OF the property 70 lie sod
| n the different parcels, and co. ies OF the mort
cages WI. be i'll :ae hands OF the masters for eEhl.
| bition 10 any person dtsiIicg 20 purchase The
power 70 the trustees 20 bid OI the iori, Seas rs
! reserved i'll ne decree. .
| Tire trustees and the masters Wy give NORMA
tioI OF The matter in'r.stcd 20 tnen p.1oi 70 ne
| sac. HENRY J. GARDNER.
| PETER Bt'TLhR. Trustees.
/ ROBERT =. SHANNON.
| J. W. GURLEY Masters.
| Moie Republican and Eegis ev copy.