The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-28
MASTERS SALE
OF THE
Toledo, Cincinnati G St Louis Railroad
From Toledo, Ohio to Kokomo, Indiana commonly
known the
TOLEDO DIVISION.

Inc central Trust Company, OF New YORK. James M
Quigley, Charles Z. Harbeck and John McNab were
complainants, and The Toledo Dephos Burlington
Railroad Company of Ohio and Indiana and The 10.
ledo. Cincinnati & st. Louis Railroad Company, of
Ohio, Indiana and Illinois, and Others were defend
ants and like decree rendered by the Circuit Court
OF the United States for the Northern District OF
OHIO, Western Division in ancillary wherein
tne same complainants were compliments and the
same defendants were defendants in each of which
decree of foreclosure has been entered in said courts
CERTAIN mortgages and trust deeds executed by
Inc Toledo, Delphos & Burlington Railroad Company
to the Central Trust Company, of New York, on the
18th day of January 1880: 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 Court ROOM III the
State OF Indiana on
WEDNESDAY, THE BOTH DAY OF DECEMBER,
A. d. 1885,
at II o'clock, of said day, all the following de-
scrlbed property, namely:
All and singular the line of railroad of the said Tole
DO, Delphos Burlington Railroad Company, between
Toledo, Lucas county Ohio, through the counties of
Lucas, Wood Henry, Putnam, Allen and Van Vert
in the State of Ohio and the counties of Adams
Wells, Huntington, Wabash, Miami, Grant and How
ard In the State of Indiana to the city of kokomo,
Indiana being about one hundred and eighty miles in
length together with all and singular the rights of
way, roadbed and track between the terminal points
aforesaid, together with all the stations, depot
| grounds, rails fences, bridges sdings, engine
| houses, machine-shops buildings and erections
| IN any way appertaining unto said railroad,
together with all engines cars, machinery, supplies,
tools and fixtures held, owned acquired by the said
railroad company for in connection with its line of
railroad aforesaid and all depot grounds yards, sid
ngs turnouts sheds, machine shops leasehold rights
and other terminal facilities owned by said railroad
company. together with all and singular the powers
and franchises belonging thereto, and the tolls in
comes and revenue to be levied by and derived there
from being all and singular the railway property
cred and conveyed by certain mortgages and deeds of
trust executed and delivered by the To
pany, ON the 18th day of January
A. b. 1880 to the Central Trust Company, of New
Nnrk to hoD6 into
or coupons, described in said deeds of trust and
mortgages including the rights of way thereof the
road-bed thereof the superstructures of all sorts
thereon its water and other stations and shops. the
lands and grounds connected Herewith, and tools
| implements owned provided to be used thereon and
therein and in constructing and repairs to and
machinery of said road, the track and the super
structures aforesaid. and all fixtures and superstruct
ures OF whatever name or nature, and the
| provided to be used in operating said
road, wherever situated, including all terminal
facilities owned by the said Toledo Delphos & Bur
hngton Railroad Company at the date of the exeeu-
ton of the said trust deeds and mortgages to said
Central Trust Company of New York or thereafter
| owned by the said Toledo Delphos and Burlington
Railroad Company. and by its successor, by conso-
idaton, the Toledo Cincinnati & St. Louis Railroad
Company and provided to be used in the operation of
said railroad and all cars, engines and rolling
belonging to the said Toledo, Delphos & Burlington
Railroad Company and the Toledo Cincinnati & ST.
| Louis Railroad Company, either of them, and all
supplies and other things provided by the said rail
| road companies last named or either OF
them. or by the receivers appointed by
operating said railroad together with all corporate
franchises of said railroad companies last named and
of each and every of the original constituent compan
les entering into the various consultations forming
| the said Toledo Dephos & Burlington Railroad Com
pany and its successor the said Toledo Cincinnati &
st. Louis Railroad Company including the rights and
| franchises of said several companies
All OF said railroad property with its appurtenan
to DO sold as an entirety without apprasement and
without reference and not subject to the law or laws
of the States of Indiana Illinois and Ohio touching
| rights OF redemption from mortgage sales.
Any person desiring to bid at such sale will be re-
| qured to make a deposit of Thrty.fve thousand Dol:
lars 1885 OOO) with the undersigned before any bid
will be received which deposit shall be absolutely for
feted to the of the trusts in the hands of the
| Central Trust Company of New York under said
trust deeds and mortgages if the bidder to whom the
property shall be struck off shall fail to pay com
pete the said purchase in accordance with the terms of
said sale and the orders and DEGREES of the said United
States Circuit Court for the district of Indiana
The undersigned will not receive cry any bid for
a sum less than Six Hundred Thousand Dollars
| 5000 O0O.)
Within twenty days after The confirmation
| OF such sale the purchaser purchasers shall
pay of the unpaid purchase money for which
said property is sold a sum sufficient; taken
together with the said thrty-fve thousand dollars
1885 OO0 paid at the time of such sale to pay and
discharge the court COSTS the masters fees solicitors
fees counsel fees and the claims and debts including
taxes legally due upon said property that shall have
been then and prior thereto found and determined
and finally adiudged and decreed to be due and pay
able court and receivers indebtedness and to be
|
OF trust and mortgages, excepting such final DEGREES
upon said claims and debts or any either of them
as may then have been superseded by proper appeal
| and supersedeas bond, and upon such payment by
| such purchaser purchasers the said purchaser or
purchasers shall be let into the possession use and en-
joyment of said railroad and property purchased at
said SALE subject to the conditions FOLLOWING, viz
| After the confirmation of said sale and pay
| ments as above provided a deed of CONVEYANCE
| will be made to the purchaser or nurcbsears
conveying the railroad property purchased at such
sale, which deed shall contain stipulation reserving
| 10 tha ITntfo A Sfafac
district of Indiana full power and jurisdiction
said property with full authority and power upon
default of the purchaser purchasers in complying
with each and every of the requirements of the said
decree respecting payment of the purchase money to
retake possession of said railroad and property and
forthwith sell the any part thereof upon order
| of the said court, to that effect entered.
Said deed will contain the further stipulation that
the purchaser purchasers his their assigns will
forthwith yield possess of said railroad and prop
ery upon such order of the court entered upon such
default of the purchaser purchasers in the pay
ment of purchase money as by the order of court
required.
The residue of the purchase money not required to
make the payments provided for above shall be paid
by the purchaser purchasers from time to
time upon the amounts found and deter,
mined and finally adjudged and decreed by the court
to be due, and payable upon court and receivers in
debednes and to be prior and superior TO the lien of
said first deed of trust and mortgage executed JAN
II, A. ID. 1880. Said payment to be made by the
purchaser purchasers upon twenty days notice by
the master upon the order of the to that effect
entered requiring such payment until the
entire purchase money is exhausted if
it requires the entire purchase money to pay
and discharge said court and receivers
indebtedness. If any surplus is left after full payment
of the court receivers Indebtedness
provided the same shall be distributed pro rata upon
the coupons and bonds of said first mortgage deed
paid. If any surplus remains after such
full payment of the defauted coupons and
the bonds secured by said first mortgage or deed of
trust. such surplus remaining shall be distributed
pro rata upon the income bonds and coupons. In
making payment of any surplus of said purchase
money left after full payment of the court and recev
er's Indebtedness, the purchaser purchasers
shall be allowed to pay said surplus
in the bonds and coupons to which the
same may be applicable, herenbefore provided
each such coupon and bond being received by the
Masters for such the hoderthereof is entitled