The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-11-08

sS she referee al sale, and the sal
The mere norssSssS promises lind and dss,ip
non prior IN pont o. sn anu es"tes and delivered
IS the defendant. the IRE aaiway Company. g
rsmise. shall be sold subject Indebtedness q The
g ar their Ssssns must bef no being posses
the premises, execute and deliver 70 ts
harmless from and against any and all saga ana
also aia any nnd Or otherwise in respect Of
any thng Done omitted 20 DC cone " nim ms
and against any aud III costs aud Expenses incl
dent 70 o. grown out o. suen . that the ref
may receive cah from such purchaser Or parens
est coupons bonds secured by the said mortgage
g the plaintiff q fsOlua ln rate Der en Il Inc
par Of the said bonds and coupons as w be payable
= The holders o. such bonds ana coupons upon the a'soa
' srtbsp rdered adud red and decreed that said
referee forthwith such sale make report thereof 70
this Conrt and after h report OF SAFE mas been duly con
hrmed he deed or deeds q said prem
10 the purchaser OF purchasers a. such
ons on which sacn deed Or deeds mere delivered
that such md conveyance Or conveyanees be valid
sre sis and non due with ali the
request the SAID purchaser Or ms or their sue
eessors Or assigns % 81 So q the
further ordered aduaged aud decreed that the de-
PENDANT the Erie galway COMPANY DO authorized ana n
the receiver his request and Win AL
tered ty the said defendant conSsay At any time
previous TO the 9Th day Of February st or since ina,
it, business as carrier Of freight passengers,
gers over and upon It's line OF railroad. and tue
QUESTION o. proper srss mo w use and SINNERS
OF the franchises ana properly 81 thc sad corporilon,
tenant the mortgaged premises. and embraced within
tho provisions Of the morgage me receiver yii Mt be
OF tnenl ana upon the request ~ the pur-
Of Or assigns he Shall & ali or any u
such contracts 90 snen purchaser or their rep
shah not be required 10 assume my contracts q thc ue
is1dn. campay ND an .e Contracts nor 50 by
such pu chaser purcha,srs. shall be reasgned By the
/, further ordered aauaged aaa decreed thai the de-,
sne S ueaa h the me eceser and WIN
convenient speed 20 tansis ana assign 10 .o AZ
dence or munimenIs q t ieroo 70 .no mprtgases
s Drsms as. 90 any e paper and OF
the mortsaged premises BY the purchaser Or
and upon such sale and confirmation thereof ana at the
ehasers their or assigns receiver
do transfer and deliver all SAID books Of account
records TO such purchaser or purchasers
their assigns. the same being regarded
BY the Sou Il Ia se Go me- the of
the preceding provision Of TINS decree let the parties
Il is further ordered adjudged and decreed that the
sa Erie M a" 1a To ss and
uode direction OF the referee conyeynnce by way OF
chaser or purchasers their representatives assigns OF
all singular the mortgased premises Of every KIND aud
sold by the referee tho form the decd and the mode o
q
tls such deed ana conveyance delivered such pur
purchasers, their representatives. or assigns,
further ordered adindged and decreed that in case
the purchasers OF the sale mogaged prem
ises shoud purchase acquire title the
any plan agreement oi the KIND contemplated ana pro-
ganzaton OF railroads sold under MORTGAGE and proyid
ing T s and in Chapter $50 the
Laws 1874 and the amendments to that act such pur
ehse ana S a the @a p and
duIl
any corporation which may be orsnn'zed
f the purpose taking title such franchises and prop.
subject 10 all the Liabilities ana oosaons Of the said
And further orderod adjndyed and decreed that tho
~ persons Tm M t 4. n Of them, and ali persons
the 18th Of February is7i. the plaintiff the Farmers
mon the propert ana franchises conveyed by said
gage his their heirs and persona, Representatives.
snbsequc judgment decree. and their heirs aud per
soa a e they are hereby forever arred and lore
closed OF aud from all equity Of redemption ute interest
premises and property herein described aud ordered be
SOLD and very part and & "n 30 1s'
their assigns let into the possession use and enjoyment
thereof and that Of the parties TO this action VINO
may be OF said premises and property
part and a ss nss s S eu s o,
aforesaid has come INTO the possession hs.eni os q any
them every receiver other officer OF this Court who
may In the possession or have the control Of he same
Court bere,i re made or hereafter to be
"n on & nroaueon Of said deed or other
proper evidence he sale and purchase oil the said man
It IS iartner ordered audged and dccrccd that such
Snail be fuy vested with shall hold have. possess and
euoy the said franchises property and premises sod III
pertaining thereto nly and completely tae said Erc
to saw Al day Of February, 1874 time
been Of o. has neid q or enjoyed tho
the same subject 70 the prior liens aforesaid
PRochkDs or SALE
further ordered ndudged ana decrced that said ref
appointed do and distribute the proceeds
Of sale directed to be made aiter retaining
be settled allowed by this Cour) tho following per
taking their receipts respectively theeior and in
following order priority and pruporton that Is to
l. 10 the plaintiff, costs and be here
expenses any other as the Court may in the
meantime direct 10 be paid
premises any part thereof II any remaining unpaid at
the time OF sale TO the person persons or corporations en-
. Tie remainder proceeds Of such sale much
io,nrsst tnsre"n 10 the asa af saie th.
said referee sLa to the plaintiff trustee to the end
tuat the painH IN the execution Of its trust may dis
holuers Of bonds aud coup ms gn to bonds issued
under the gid mortgage tue said plaintiff Of February 4.
the thes paid IN iu the holders thereof At
bonds and coupons pi sn,
ceed In hc u part payment q bonds Or coupons the
dorsed stamped upon such bonds The same
DC shah be pursued the referee
receipt o. bond coupons or percentage thereof to-
wards the payment OF the purchase money as herenbefore
authorized
A. any surplus money OF the said proceeds
sale IN tut Of the several
directed and allowed be paid that may here
after be directed aud allowed to be paid ~ the fur
Their order OF this conrt ont of such proceeds Of
sale, then the sad referee shlll bring such surplus
into court with his report OF sale to abide the
further OF the Court touching the said
referee shall take and bring into court with his
receipts and vouchers tor all his meats ana
pcnsea
Its further ordered adudred and iecrecd thai o. said
referee shall all moneys received Tor said
deposit in te SAID Farmers Loan aud Trust Company in
the city OF sew YORK subject 10 his oricr
aud to be drawn by him only Tor the OF this de-
sha o. this judgment ana decree
Ii is further ordered adiud cd and ducreod any
the parties this action. aud tho
aud said receiver, hereafter apply Court
such further directions therein he last
proper foot OF I'll, Judgment aud and all
other questions arising in this action
DESCRIPTION 90 Property.
The description al the rel estate authorized
sold under aud by yrtn u tis judgment
lar ascertancd IRON the said
gage the plaintiff the Farmers Laan Trust Com
pnny. bearing me 18th day OF February, 1874
COMPLAINT IN ii s actt n. is MS follows %
All and singular the rau ui the party IL the rt
from including Permont the Hudson RIVER to aud
including the HnI terminus OF the said railway Lake
Erie the railway known the Newurg Branch from
NewbHrg the IN lin linz. also a IL OF the ra
designated the Buffalo Branch Of tuc Erie Railway
cxtcndn Ioruesvle TO Atca IN the state II New
York. aud also all other railways ec!o"gng 10 tho party