The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-05
ST. LOUIS DIVISION.

In obedience to IN order of sale issued out of ths
Circuit Court of tho United States for the District al
Indiana upon decree rendered in cause whereas
The Central Trust Company of New York. Edward r.
Leonard, James M. Quigley and others were complains
ants. and the Toledo Cincinnati e. st. Louis Railroad
Company of Ohio. Indiana and Illinois, and others
were defendants and of like decree rendered by tbs
Circuit Court of the United States for the Southern
District of Illinois in ancilary cause wherein ths
central Trust Company of New York and Thomas A.
G enapsai COMPLIMENTS and The Toledo
OF Ohio, Indiana and Illinois and Others
We're defendants. in which decree of
upon certain MORTGAGES and trust deeds executed
by The Toledo Cincinnati & ST.. Louis Railroad Com
pany to The Central Trust Company, of New York,
and Thomas A. Hendricks, as trustees on the 23d
day OF July, A. D.. 1881, the undersigned special
masters appointed by the said courts will offer for
sale at public auction to the highest bidder at
the door of the United States Circuit Courtroom In
the city OF indianapolis, Marion county, Indiana,
WEDNESDAY. THE BOTH DAY OF DECEMBER,
A d. 1885,
at II o'clock, of said day, all the following de-
All and singular the line of railroad
between connection with The Toledo
DelpLos and Burlington railroad, in the city Of
extending thence through the counties of Howard,
Clinton. Tippecanoe, Montgomery, Fountain, Parke.
Vermion in the State of Indiana and the counties Of
vermilion, Edgar, Douglass, Coles, Cumberland,
Shelby Fayette, Bond, Madison, Montgomery and
st. Clair in the State of Illinois to the city of East
st. Louis, in st. Clair county Illinois, being about
Two hundred and seventy miles in length together
with all and singular the right of way, road bed and
track laid between the terminal points aforesaid,
together with all the stations depot grounds rails
fences, bridges sdings, engnehouses machine Shops
buildings and erections in any way appertaining
unto said line of described railroad between said points,
together with all machinery, supplies, tools and fix
lures owned by the said Toledo Cincinnati g. st.
Louis Railroad Company for use in connection with
the line OF railroad aforesaid between said points, and
n11ldc cid clnl~
machine shops and leasehold rights in connection
with said line of railroad between said points, together
with all and singular the powers and franchises
thereto belonging and the tolls income and revenue
to be received or derived theI efrom.
All of said railroad property above described to be
sold, with its appurtenances as entirety and with
out relief from valuation or appraisement laws and
free from all right of redemption.
The purchaser of said mortgage premises shall
have all the rights, privileges and benefits in re-
spect of the terminal property at East st. Louis
served to such purchaser purchasers by the order
and decree of said Circuit Court of the United States
tor the district of Indiana, made and entered herein
on the 18th day of September, 1885.
deposit of fifty thousand dollars will be required
from each and every separate bidder or by any num-
Der of bidders uniting in one bid before rving any
bid from such person or persons which deposit will
be forfeited to the of the trust the hands OF
be struck off shall fail to payor complete said purchase
No bid will be received for less sum than Nine
Hundred Thousand Dollars
Within twenty days from and after the confrma-
ton of such sale the purchaser shall pay
OF the unpaid purchase money sum sufficient, to-
geher with said deposit of Fifty Thousand Dollars to
pay and discharge the court costs masters fees solc-
itors and counsel fees and the claims and debts in
Guiding taxes legally due the property which shall
nave been then found and finally adJudged to be due
and payable court and receivers Indebtedness and
to be paramount in equity TO the liens of said indent-
OF trust decreed to be foreclosed in said suits
excepting such final DEGREES for the payment of money
out of said fund may have been superseded by and
upon proper appeal; and upon such payment by such
purchaser or purchasers he or they shall be let into
the possession and of the said railroad
and property, subject to the conditions and stpula
tions following
Upon confirmation of sale and upon payment with
in twenty days thereafter of such part of the purchase
money may be required to comply with the pro-
visions and directions of the DEGREES and order of sae
the masters will make. execute and deliver to the
purchaser or purchasers deed conveying to him
them, all and singular the railroad property sold,
with its appurtenances which deed will contain
express stipulation reserng to the court full power,
upon default OF the purchaser or purchasers in
plying with any of the provisions requirements of
said decree of foreclosure and sale respecting payment
of the purchase money to retake through its recev-
err possession of all or any part of the mortgaged
premises so sold, and forthwith sell the same any
part part thereof upon its order to that eff
also contain stipulation that the purchaser or
purchasers, or his their assigns shall forthwith
yield possession of said mortgaged premises in com.
panee with such order of court to be made upon de-
fault in the payment of purchase money.
The residue of the purchase money not required to
make the payments herenbefore req ured to be made
prior to the delivery of possession shall be paid by
the purchaser purchasers from time to time, as
paramount claims against the fund may be finally as-
certaned by decree of the court such payments to be
made upon twenty days notice by the master pursu-
ant to the order of court to that effect entered reour
ing such payment, until the entire purchase money
shall have been paid 1t any surplus of the purchase
money shall remain after full payment of the court
and receivers Indebtedness, the shall be distrib
bbnd pro Secured rata upon tho and
ust and mortgages hereby foreclosed.
Provided however, in case said inortgaged premises
per mile, and interest thereon at the rate of z per
cent per annum from the LIST day of January, A. d.
1881. then it is ordered that the masters making the
sale shall bring into court all such excess represent
ing said sixty miles of road known as tina
Frankfort State Line railroad, to abide the further
order of the court az to the distribution thereof.
II any surplus shall remain after full payment Of
the overdue and bonds secured by the mort
gage first named in said decree, dated July 23, 1881
such surplus remaining shall be distributed DR.,
rata upon the $500 income bonds.
In making payment of any surplus of purchaee
money that may be left after full payment of cost,
allowances and court and receivers indebted
ness, the purchaser purchasers shall hay.
the privilege of paying such surplus with ~.
interest coupons and bonds to which I'll,
such price the holder thereof would be entitled &c
receive In cash the entire purchase money paid
in cash.
The holder or owner of any claim finally adiudged
or conceded to be due and payable out of said fund
prior to said mortgage bonds and coupons, who may
become bidder at such SALE shall have the privilege
money at such price he would be entitled to
receive thereon out of the proceeds of SALE
And to the end that all just claims against said
property may be speedily determined and adjudged
notice is hereby given that all persons, firms and
having or asserting any claim
or claims against said property, accrued while
said property has remained in the possession
of the court, whose claim claims have not alread
been filed or presented, shall within sixty days from
and after the 18th day of November. A. d. 1885 file
and present to the Circuit Court of the United States
for the district of Indiana such claim claims show
ing upon the face thereof when where and for what
such claims accrued; and all persons firms and corpora
tons not having presented and filed their claims within
said sixty days shall be forever barred and foreclose
Provided that operatives and employees having
claims for services rendered to the receivers appoint
ed by this court whose names and services appear
upon the pay-rolls of said receivers shall not be re-
quired to present their claims under this notice.
w. p. FISHBACK
JOHN McNULTA
Special Masters
Butler, Stillman & Hubbard; Baker Hord 81 Hen.