The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-08-14
IN PURSUANCE OF A DECREE

II the Crcuit Court Of the United States in and
for The Fifth Circuit in the Western District of
the Stale OF Texas, bearing date the fOurth
day OF Angus, A. ID. 1873 and made In a certain
cause in equity, numbered 1872, wherein John 5.
Barnes ana Thomas W. PeaTsall, trustees, etc,
are complaiuants, and the International and
Great Northern RailIo.d Company is de-
fendant, the undersigned, as Master, ap-
pointed in said cause for that pafpOsc,
viii, at eleven O'Clock IN the foreaOon, on the
thirteenth dag of Oclober, 1879, sell Mt public
iuctiOn to The highest bidder, at the court
house Of Trsyis county, in the city OF Austin and
state OF Texas, upon tie terms hereinafter man-
toned, in one parcel and as ole prop. rty.al ana
singular, the railway OF the lnternHt onal Rail
'oad Company, its jefferson branch, whenever
built. and main trunk, extending from the Red
River TO its terminus at or near Laredo. on the
Rio Grande, it's right OF way and track, togethec
with all the supeTstructures, depOls, depot
grounds, station houses, engine houses, car
house, freight houses, wood houses, sheds,
watering places, work shops, machine shops.
bridges, tools, machinery, side tracks, turn
oats, turntables, weighing scaes, fixtures,
| ments, ard all the corporate rights, privileges
and franchises OF the said company, together
with al and singular, the reversion and rever-
sIons, remainder and remainders, tolls, rents,
| incomes, issues and profits thereof, except
| ing the LANDS other than those necessary
| for right of way, depot and shop grounds
which premises formerly were in the pos
session and use OF and claimed by the
slid The Int rnat onal and Great Northern
| Railroad Company; and also certain rolling
ock and other personal property, formerly
belonging to the said International Railroad
Company more particularly described as fol
| lows, to-wit: - engines, passenger cars, :
combination cars, 60 freight box care, III plat
| form freight cars, and an undivided half inter
est in engines, 10 passenger cars, be ggage,
mail and express Cars, baggage cars. $50 freight
box cara, "a freight platform carr, 9; stock cars
| 20 service cars, car derrick, car pile driver
| and 9 boarding cars.
And the undersigned, as Master, appointed
as aforesaid, will, on The came day and hour,
| and at the came place. sell at pubic auction to
| the highest bidder. upon the terms hereinafter
mentioned, in one parcel, and as one property,
| ali and singular, the railway formerly belonging
to the Houston ami Great Northern Railroad
Company, built or to be built, its main line, be
ginning at the Brazos hiver, passing through
| the city of Houston, connecting with the Mem
| Dhs ard FL Paso Railroad near Clarksville,
| and pas sing as near the towns OF Montgomery
Huntsville, Crockett, Rusk, and Tyler as was
| deemed expedient, 10 the Red River, in the
| said State OF Texas, distance OF about three
hundred and fifty miles, Its branches and exten-
siOns including Its Huntsville branch road,
| eight miles in length, together with all right OF
| way, depot and shop grounds, tenemenls, here
ditaments, franchises and rights, including and
meaning to include all the property, real and
personal Except the lands other than those
necessary for right OF way, depot and thop
| grounds) acquired by the sand company, in said
ing stock and other personal property more par
ticularly described as follows, to-wit: Ia en-
1
pre- ss cars, passenger cars, combination cars,
50 freight box cars, &c freight platform cars. 19
service cars, and an undivided half interest in
| the same personal property the other half inter
| est in which has already 6een described, to wit:
4 engines, 10 passenger cara, baggage. mail and
express cars. baggage caie, 1870 freight box
cars. "a freight platform cars, 81 stock cars, 90
service cars, car derrick, car pile driver and
boarding cars
The terms Of sale are as follows: Said prop
erty will be sold subject to the prior lien OF all
mortgages execCted by the said railroad compa
MES previously TO the execution OF the mort
cages or deeds OF trust, for the foreclosure of
which The said suit was brought, and subject to
any disposition which may have been made OF
such prior mortgages. The purchaser will be re-
quircd to pay ten per cent. OF the whole pur-
| chase money in lawful money OF the United
States at the time OF sale and on the delivery Of
the deed so mu CHI more Of the total purchase mon
ey, in like lawful money, as shal be necessary to
pay aud discharge any oblga, ion, liabilities, or
| cause, and all unpaid taxes upon the said prem
ises, and all the costs, fees, allowances, COM
pensation and commissions provided for by tho
| decree in said cause, and all the expenses Of
sale. A statement OF the amount Of money re-
quired for the said purposes will be prepared by
| the undersigned, as accurately as practi-
cable, and announced and submitted Tor inspec-
ton at said sale. The remainder OF the PR
chase money may be paid in the bonds and
| past due coupons secured by the mortgages or
deeds OF trust executed by the international
halIroad company 10 sala complaining on jan
| Northern Railroad Company to said complain
ants on the same day, that is cay. the bonds and
past due coupons secured by the first mentioned
mortgage will be received in payment for the
first above described parcel OF property. and the
bonds and past due coupons secured by the
other mortgage will be received in payment for
the parcel secondly above described: such
| bonds and coupons in either case being received
only for such cum as the holder thereof will be
| entitled to receive under the said decree
b. G. DUVAL, Master, etc.
THOMAS q. SHEARMAE,
JOHN W. STERLING,
OF Counsel.
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