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

Leonard, James III. Qugley and others complain
ants, and the Toledo Cincinnati & ST. Louis Railroad
Company of Ohio. Indiana and Illinois, and others,
were defendants; and of like decree rendered by the
Circuit Court of the United States for the Southern
District of Illinois, in ancillary cause. wherein ths
Central Trust Company of New York and Thomas A.
Hendricks were complanants, and The Toledo.
of Ohio, Indiana and Illinois and others,
were defendants in which decree of
foreclosure has been entered in each of said courts
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, trustees on the 23d
day of July A. D., 1881 the undersigned special
masters appointed by the said courts will offer fH
sale at public auction to the highest bidder a.
the door of the United States Circuit Courtroom in
the city OF Indianapolis Marion county, Indiana
WEDNESDAY. THE sOrH DAY OF DECEMBER.
A. d. 1885,
at II o'clock noon. of said day. all the following de-
scribed property, namely:
Al All and singular the line # railroad
RelpLos and Burlington railroad. in the city Of
extending thence through the counties of Howard,
Clinton Tippecanoe, Montgomery. Fountain, Parke.
Vermilon, 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, nlinoi being about
two hundred and seventy miles in myth 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 sidngs engine houses machine shops,
buildings and erectons 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 & Sc,
Louis Railroad Company for use in connection with
the line of railroad aforesaid between said points, and
all its depot grounds yards sidings turnouts sheds
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 revenus
to be received or derived theI efrom
of caI6 a1O al 81
sold with its appurtenances, entirety and with
out relief from ~vauation appraisement laws and
free from all right of redemption.
The purchaser of said mortgage premises shall
have all the rights, privileges and benefits in 70
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
for the district of Indiana made and entered herein
on the 14th day of September, 1885.
deposit of fifty thousand dollars will be required
from each and every separate bidder, by any
Der of bidders uniting in one bid before receiving any
bid from such person or persons which deposit viii
be forfeited to the of the in the hands OF
said trustees if the bidders whom the property shall
be struck off shall fail to pay complete said purchase
No bid will be received for a less sum than Nins
Hundred Thousand Dollars.
Within twenty days from and after the confrma-
ton of such sale the purchaser purchasers shall pay
or the unpaid purchase money sum sufficient, to-
gether with said deposit of Fifty Thousand Dollars TO
pay and discharge the court costs masters fees soc
1tors and counsel fees and the claims and debts in
Guiding taxes legally due the property which shall
have been then found and finally adiudged to be due
to be paramount in equity 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 purchasers he they shall be let into
the possession and enjoyment of the said railroad
and property subject to the conditions and stipula
tions following:
Upon confirmation of sale and upon payment with
in twenty days thereafter of such part of the purchase
money as may be required to comply with the pro-
visions and directions of the DEGREES and order of sale
the masters will make execute and deliver to the
purchaser purchasers deed conveying to him or
them, all and singular the railroad property sold
with its appurtenances, which deed will contain an
express stipulation reserving the court full power
upon default of the purchaser or purchasers in COM
plying with any of the provisions requirements Of
said decree of foreclosure and sale respecting payment
of the purchase money to retake, through it's rece
en- possession of all any part of the mortgaged
premises Sold and forthwith sell the same, any
Ral' ase and upon It's ordeE to that en-
also contain stipulation that the purchaser or
purchasers, or his their assigns shall forthwith
yield possession of said mortgaged premises in COM
pance with such order of court to be made upon do
fault in the payment of purchase money.
The residue of the purchase money not required to
prior to the delivery of possession shall be paid by
the purchaser or purchasers from time to time, a.
paramount claims against the fund may be finally
certaned by decree of the court such to DO
made upon twenty days notice by the master pursa-
ant to the order of court to that effect entered requ
ing such payment until the entire purchase money
shall have been paid. If any surplus of the purchase
money shall remain after full payment of the court
and receivers Indebtedness the shall be distrib-
bonds secured by the indentures OF
trust and mortgages hereby foreclosed.
shall bring at such sale price exceeding 10000
per mile, and interest thereon at the rate of per.
cent per annum from the LIST day of January A. ID.
1881, then it is ordered that the masters making the
sale shall bring into court all such excess represen
ing said sixty-seven miles of road known the
Frankfort State Line railroad to abide the further
order of the court to the distribution thereof.
If any surplus shall remain after full payment of
the overdue coupons and bonds secured by the
gage first named in said decree dated July 49, 1881
such surplus SO remaining shall be distributed pro
rata upon the 3 500 income bonds
In making payment of any surplus of purchase
money that may be left after full payment Of cost
allowances, and court and receivers indebted
the privilege of paying such surplus with the
interest coupons and bonds to which tho
same may be applicable as hereinbefore provided
such price the holder thereof would be entitled
receive in cash if the entire purchase money pao
in cash.
The helder or owner of any claim finally adiudgei
conceded to be due and payable out of said funu
prior to said mortgage bonds and coupons who NAV
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
notice is hereby given that all persons, firms ana
corporations having or asserting any CLAIM
said property has remained in the possession
of the court whose claim claims have not already
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 the face thereof when, where and for what
such claims accrued and all persons firms and corpora
tons not having presented and fled their claims within
said sixty days shall be forever barred and forecosed
Provided that operatives and employees having
claims for services rendered to the receivers appoint
ed by this court whose and services appear
upon the pay-ros of said receivers shall not be rs-
mir To pres IA
w. p. FISHBACK,
JOHN McNULTA
Special Masters.
Butler, Stillman & Hubbard; Baker. Hord & Hen.
bricks Mcdonald Butler 81 Mason, and @. w. FAIR
banks, Solicitors.
34,I1EE -! [ ,E|IlII111sl