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

Circuit Court of the United States for the District of
Indiana upon decree rendered in a cause wherein
The Central Trust Company, of New York. James NJ
Quigley, Charles T. Harbeck and John McNab were
compliments, and The Toledo, Delphos s. Burlington
Railroad Company, of Ohio and Indiana, and The To-
ledo, Cincinnati & ST. Louis Railroad Company, of
Ohio, Indiana and Illinois, and others, 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
| the same compliments were compliments and the
same defendants were defendants in each of which
decree OF foreclosure has been entered in said courts
upon certain mortgages and trust deeds executed by
| The Toledo, Delphos 6 Burlington Railroad Company
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 in the
| city of Indianapolis, in the county of Marion and
State of Indiana,
WEDNESDAY, THE BOTH DAY OF DECEMBER,
| A. D. 1885.
at IL clock of said day. all the following de-
| scribed property, namely:
All and singular the line of railroad of the said Tole
| DO, Dephos q 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, road-bed and track between the terminal points
| aforesaid, together with all the stations, depot
grounds rails fences, bridges sidings, engine
| houses machine-shops. buildings and erections
together with all engines cars, machinery, supplies,
tools and fixtures held owned acquired by the said
railroad aforesaid, and all depot grounds yards, sid
ings, turnous, 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
roin being all and singular the railway property COW
and conveyed by certain mortgages and deeds of
trust executed and delivered by the To-
ledo, Delphos q Burlington Railroad Com
Ill
A. d. 1880, to the Central Trust Company, of New
York to certain bonds and interest warrants
mortgages, including the rights of way thereof the
| roadbed thereof, the superstructures of all sorts
lands and grounds connected Herewith, and tools
implements owned provided to be used thereon and
therein and in constructing and repairs to cars 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
rorde and GROUNDS connected used Of
| road wherever situated, including all terminal
facilities owned by the said Toledo, Delphos s. Bur
lington Railroad Company at the date of TIE
ton of the said trust deeds and mortgages to said
Central Trust Company of New York, thereafter
owned by the said Toledo Delphos and Burlington
Railroad Company, and by its successor, by consol
idation, the Toledo Cincinnati & ST. Louis Railroad
Company and provided to be used in the operation of
said railroad and all cars engines and rolling stock
belonging to the said Toledo, Delphos & Burlington
Railroad Company and the Toledo Cincinnati & st.
Louis Railroad Company, or either of Them and all
road companies last named, or either of
the order the the c cs1svers appointed by
operating said railroad together with all corporate
franchises of said railroad companies last named and
of each and of the original constituent compan
les entering into the various consultations forming
the said Toledo Dephos g. Burlington Railroad Com
pany and it's successor the said Toledo Cincinnati g.
St Louis Railroad Company including the rights and
| franchises of said several companies.
All of said railroad property with its appurtenan
to be sold as an entirety without appraisement and
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
quired to make deposit of Thirty five thousand Dol
lars $3.50 ,OOO) with the undersigned before any bid
will be received which deposit shall be absolutely for
feited 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 whom the
property shall be struck off shall fail to pay or com
pete the said purchase in accordance with the 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
sum less than Six Hundred Thousand Dollars
| 5000 OOO)
Within twenty days after the confirmation
| of such sale the purchaser or purchasers shall
| pay of the unpaid purchase money for which
said property is sold a sum sufficient taken
1885 OOO) 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
| been then and prior thereto found and determined
and finally adudged and decreed to be due and pay
aDle as court and receivers Indebtedness and to be
in equity to the lien of the said deeds
OF trust and mortgages excepting such final DEGREES
| upon said claims and debts, any either of them
as may then have been superseded by proper appeal
| and supersedeas bond and upon such payment by
such purchaser pun chasers, the said purchaser or
purchasers shall be let into the possession and
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, deed of conveyance
| will be made to the purchaser or purchasers
| conveying the railroad property purchased at such
SALE which deed shall contain stipulation reserving
| district of Indiana full power and jurisdiction
over 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 possession of said railroad and prop
erty such order of the court entered such
| default OF the purchaser or purchasers in the pay
ment OF purchase money as by the order of court
required
The residue of the purchase money not required to
| 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.
debedness and to be prior and superior to the lien of
said first deed of trust and mortgage executed JAN
| H. A. ID. 1880 Said payment to be made by the
purchaser or purchasers 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 herenbefore
provided the shall be distributed pro rata upon
the coupons and bonds of said first mortgage deed
of trust until the same are fully
paid. If any surplus remains after such
full payment of the defaulted 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 and recev
er's Indebtedness the purchaser purchasers
in the bonds and coupons to which the
may be applicable, as herenbefore provided
each such coupon and bond being received by the
Masters for such the hoderthereof is entitled
to receive under the distribution herein provided and