The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-05-08
NOTI(IE-

In pursuance of a decree of the Circuit Court
of the United States, in and for the Fifth Cir
cult and the Western District of the State at
Austin, bearing date the 21St day of January,
A. ID. 1884, and made in a certain cause in
equity numbered 153, wherein the Mercantile
Trust Company is complainant and the Austin
& Northwestern Railroad Company ct al ars
defendants, the undersigned, as master APP
pointed in said cause for that purl ose, will
between the hours of II O'Clock p: m. on
Wednesday, the 28th day of May, A. D., 1884,
sell at public auction to the highest bidder,
before the door of the county court
house of the county of Travis, city, of Austin,
state of Texas, upon the terms hereinafter
mentioned. az one parcel and one property, all
and singular, the ,ilr I'D Of the said defendant,
the Austin & NOrthw stern railroad COM
pany now i'll operation, from its terminus in
the city of Austin, Texas to the town of Bur-
net, in the co .nty of Burnet, Texas. and which,
according to the deed of trust which was fore
from It's terminus in or near the city of Aus
tin, IN the state of Texas, northwesterly
through the counties of Travis, Williamson,
Brown, Coleman, Runnels and Tay,
lor TO the Texas & Pacific
railroad, at place called Abilene. tc-
main line to and through the counties of Llano,
Ma%on, Menard, Concho and Tom Green to
the Texas & Pacific railroad in Howard county,
in all distance of about five hundred miles,
and all and singular its tracks, superstruc-
lures, rails, sidings, turnouts, bridges, piers,
vladucts, culverts, walls, fence-ways and
houses, freight houses warehouses,
depot grounds and lanhil provided
for or intended for sidipgs, all buildings, struc-
ests. contract, schosen in action, easements and
privileges, whether now belonging to or used
or procured roc drrG or designed to be used
nection with the line Of said railroad, and also
all the locomotives. tenders, passenger cars,
freight cars and other cars and all other roll
tools and implements, rails, chairs and spikes
and other materials whatsoever owned or
possessed by said defendant, for the uses or
purposes of or designed for use in connection
with or for the operation. maintenance or
PREPARATION of the line of railroad in said deed
Of trust mentioned, or any part thereof; and;
also, all and singular the rights, privileges and
franchises which said defendant holds, pos
esses or is entitled unto; and all the tolls and
income of said line of railroad,
the tenements Entertainments and
appurtenances of the premises aforesaid, or
any of them, or any part thereof, and the
rontS, issues and profits thereof, and all the
estate, right, title, interest, property, posses
sion. claim aud demand whatsoever, as well at
law as In equity OF said defendant, OF, In and
to the same and every part and parcel thereof,
and all other property covered and included in
said deed of trust not herein specially ex-
cepted, provided til are is excepted from said
decree and from said sale land acquired by said
defendant by grant from the state of Texas and
not necessary Tor or acquired for the operation
OF It's railway. A more specific description of
the properly to be sold it is not practicable to
give In this notice, but an inventory of all of
said property will be kept at the Ocu of the
undersigned in the city of Austin. Texas, sub
1ect TO inspection by any and all persons who
may desire to EXAMINE it, and will also be sub
miUted at the time and place of sale aforesaid
for the inspection OF my and all persons who
may then wish to examine it.
Inc terms OF said sale are as follows: Salk
property w1lln be sold at said sale for q less
sum than two hundred and ten thousand dol
lars In gold coin of the United States. At the
time of sale not less than twenty-five thousand
dollars of the purchase money shall be paid in
gold coin Of the United States, and on the de.
livery OF the deed such further portion of the
purchase money shall be paid as shall be nee
essary 10 pay and discharge all unpaid
taxes upon the mortgaged premises
and all claims, costs, fees. allowances,
compensation, commissions and amounts
provided for in said decree, as well as all the
expenses Of said sale. A statement of the
amount Of money required, for all OF which
as nearly accurate as practicable, will be pre-
pared by the undersigned and announcedd and
submitted for inspection at said sale. For the
remainder OF the purchase money, except the
amounts required to be paid in cash, as afore-
said, any OF the past due coupons and any OF
the bonds secured by said deed of trust may
be received for such sum as the holder thereof
would be entitled to receive under the distri-
button directed in said derece.
d. w. DOOM, Master, etc.
Austin, Texas, February 6, 1884.