The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1879-08-28
OF A DECREE

L IN IL hSC ANCE VI n DEChEE
CT the Circuit Court of the United states III and
for The Fifth Circnit in the Western District OF
the State OF Texas, bearing date the fourth
day OF Augus', A. d. 1879, and made in II certain
luse in equity, numbered 1872, wherein John =.
Barnes ana Thomas W. Pearsall trustees, etc,
are complaiuants, and the International and
Great No thern RsilIoad Company is de-
fenuant, the undersigned Master, APP
pointed in said causc for that purpose,
will, at eleven O'Clock IN the forcaoon, on the
thirteenth dav OF October, 1879, sell al public
suction 10 the highest bidder, at the court
house Of Travis county, in the city OF Austin and
State of Texas, upon tie terms hereinafter men-
toned, in one parcel and as ore prop rty,a.l and
singular, the railway OF the Internal onal Rail.
road Company, its Jefferson branch, whenever
built. and main trunk, extending from ne Red
River to its terminus at or near Laredo on the
Rio Grandc, its right OF way and track. together
with all the suprrstructures, dcpJts, depot
grounds, station houses, engine houses, CIR
house, freight houses, wood ho1e';s, sheds,
watering places, work shops, machine shop.
outs, turntables, weighing scaes, fixtures,
locomotives, tenders, rolling stock, fuel. equip
ments, ard all the corporate rights, privileges
and franchises of the said company, together
with all and singular, the reversion and rever.
slons, remainder and remainders, tolls, rents,
incomes, issues and profits thereof, except
for right of way, depot and shop grounds
which premises formerly were in the pos
session and use OF and claimed by the
said The Int rnat onal and Great Northern
Railroad Company; and also certain rolling
5 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 care, 62 freight boX care, III plat
form freight carr. and an undivided half Inter
est in engines, 10 passenger cara, . b ggage.
mail and express re-, baggage cars, 100 1reis hI
box cars, 81 freight platform care g stock cars,
20 service Cars, car derrick, car pile driver
and boarding cars.
And the undersigned, as Master, appointed
az afor, said, viii, on he same day ana hour,
and at the same lace, sell at pubic auction. tn
the highest bidder, upon the terms hereinafter
mentioned, in one parcel, ana as one property,
all and singular, the railway formerly belonging
TO the Houston ami Great Northern Railroad
Company, built or to he built, it, main ,Ine. he
ginning az the Brazos hiver, passing through
the city OF Houston, connecting with the Mem
Dhis ard FL PasO Railroad near Clarksyillc,
and pas ing as near the towns OF Montgomery
Huntsville, Crockett, Rusk, and Tyler a. was
deemed eXpedient, 10 the Red River, in the
said State Of Texas, q distance OF about three
hundred snd fifty miles, Its branches and extern
siuns. including ;ts Huntsville branch road
eight miles in length, together with all RICH Of
way, depot and eli Up grounds, teuemcn. Z, here
diIameLts. franchises and rights, including and
meaning 10 include all the property. real and
personal Except The lands other than thoBe
necessary for right OF way, depot and shop
grouLds) acquired by The saIt compaDy,i in Said
State of Texas, and also including certain rCIl-
ing stock and other persI nal property more par
ticularly described as follows, tO-wit: li>en
gines, cahOOse cars, baggage, mail and ex-
pr, IS cars, passenger Cars, cOmbinaI ion cars,
so freight box cars, ii freight platform cars. 70
service care, and an uLdiVi,ted half interest in
the came personal property the other half inter.
est in v Ricn has already eeen described, TO vii:
engines, 10 passenger cars, ; baggage. mail ana
express cars, baggage cals, 1850 freight box
cars. 81 freight pla form care, % stock cars 90
service cars, CIR derrick car pile driver and q
boarding cars.
The terms OF sale are as follows: Said prop
crty will be sold subj ect TO the prior lien of all
mortgages exscCteh 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 sna subject to
any disposition which may have been made of
said property by any proceedings had under
such prior mortgages. ! he purchaser Will b. re-
Quircd to pay ten per cent. OF the whole pur-
chase money in lawful money OF the United
States a. the tine OF sa!e. and on the delivery Of
the deed SO mo ch more Of the totaI purchase mon
ey in Ike lawful monty, as tha be necessary &c
Jay and discharge any Obliga. ion, lia9 lilies or
indebtedness Of the Rec liver appointed In said
cause, and sill uupId taxes upon the said prem.
ises, and all the osts, fees, allowances, com
pensation ard commissions provided fos by the
decree in said cause, and all the expenses Of
sale. statement Of The amount of money re-
quhed for The said purpO es will be prepared by
the al dersigned. as accurately rs praeti-
cable, and announced and submit ed for in. pee
tion at raid sale. The remainder OF the p 2
chase money may be paid in the bonds and
past due coupons secured by the mortgages or
deeds of trust executed by the International
Railroad Company to said compartments on dan
nary 1J 1874 and by the HUlsion and tireat
Northern Railroad Company to said complain
ants on the same dsy, that Is say. the bonds and
past due coupons secured By the first mentioned
mortgage will pc received in payment FOE 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 desert bed such
bonds and coupons in eitaer case being received
only for such rum as the holder thereof will he
entitled to receive under the sid decree
b. G. DUAL, Master, etc.
THOMAS g. SuEARMAN
,IOnN W. STERLING,
OF Counsei.
Z 1 4 4 10 q