The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-19
ST. LOUIS DIVISION.

In obedience to an order of sale issued out of the
Circuit Court of the United States for the District Of
Indiana upon decree rendered in cause. wherein
The Central Trust Company of New York. Edward r.
Leonard, James NJ Quigey and others COM plain
ants and the Toledo, Cincinnati & ST Louis Railroad
Company of Ohio. Indiana and Illinois, and others.
Defendants and of like decree rendered by the
Circuit Court of the United States for the Southern
District of Illinois in an ancilary cause wherein the
Central Trust Company of New York and Thomas A.
Hendricks compliments, and The Toledo.
Cincinnati, & st. Louis Railroad Company,
were defendants. in which a 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, as trustees, on the 23d
day of July. A. D.. 1881, the undersigned special
sale at public auction to the highest bidder at
the door of the United States Circuit Courtroom in
WEDNESDAY. THE BOTH DAY OF DECEMBER.
A d. 1885,
at IL o'clock noon of said day. all the following de-
scrbed property. namely:
All and singular the line of railroad
Delphos and Burlington railroad, in the city of
Kokomo, Howard county State of Indiana, ard
extending thence through the counties of Howard.
Clinton, Tippecanoe, Montgomery. Fountain, Parke.
Nermilion in the State of Indiana and the counties Of
Xermilion 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 sidngs, 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 & ST.
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
ma apH1a OH finn,
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 the, efrom.
All of said railroad property above described to be
sold with its appurtenances, entirety, and with
out relief from valuation appraisement laws and
free from all right of redemption.
L 0 purchaser of said mortgage promises 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
for 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, by any
Der of bidders uniting in bid before receiving any
bid from such person or persons, which deposit viii
be forfeited to the of the trust in the hands Of
said trustees if the bidders to whom the property shall
be struck off shall fail pay or complete said purchase
No bid will be received for less sum than Nine
Hundred Thousand Dollars.
Within twenty days from and after the con6rma
ton of such sale the purchaser shall pay
OF the unpaid purchase money a sum sufficient tor
gether with said deposit Of Fifty Thousand Dollars to
pay and discharge the court costs masters fees soic
itors and counsel fees and the claims and debts in
Guiding taxes legally due the property which shall
have been then found and finally adjudged to be due
and payable court and receivers indebtedness and
to be paramount in equity to the hens of said nden
of trust decreed to be forecosed in said suits
excepting such final DEGREES for the payment of money
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
a he nd gtI nsia
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 sae
the masters will make, execute and deliver to the
purchaser purchasers a deed, conveying to him
them, all and singular the railroad property sold
with it's appurtenances, which deed will contain
express stipulation reserving to the court full power
upon default of the purchaser purchasers In COM
plying tn any OF the provisions Or requirements OF
said of foreclosure and sale respecting payment
of the purchase money to retake through its recei
er possession OF all or any part OF the mortgaged
premises sold, and forthwith sell the same any
part thereof upon its ordsr to that s
also contain a 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 de-
fault in the payment OF purchase money.
The residue of the purchase money not required to
make the payments herenbefore required to be mada
prior to the delivery of possession shall be paid by
the purchaser or purchasers from time to time, az
paramount claims against the fund may be finally
certaned by decree of the court such payments to be
made upon twenty days notice by the master pursus
ant to the order of court to that effect entered equi-
ing such payment until the entire purchase money
money shall remain after full payment of the court
and receivers indebtedness the.sane shall be dstrib
S Stsd pro so.,. rata upon the and
trust and mortgages hereby foreclosed.
Provided, however. in case said mortgaged premises
shall bring at such sale price exceeding $40. 600
mile and int0r0st thereon at tha rat Of n
cent. per annum from the LIST day of January, A. d.
1881 then it is ordered that the masters making the
ing said sixtyseven miles of road known as 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 mort
gage first named in said decree, dated July 49, 1881
sa suppas % nn sna De pro
In making payment of any surplus Of purchase
money that may be left after full payment Of costs
ness, the purchaser or purchasers shall have
the privilege of paying such surplus with the
interest coupons and bonds to which the
may be applicable as hereinbefore provided at
such price the holder thereof would be entitled to
receive in cash if the entire purchase money paid
in cash.
The holder or owner of any claim finally adiudged
conceded to be due and payable out Of said fund
prior to said mortgage bonds and coupons, who may
of turning in his said claim part of the purchase
money at such price he would be entitled to
receive thereon out of the proceeds of SALE
And to the end that ali just claims against said
property may be speedily determined and adjudged
notice is hereby given that all persons, firms and
corporations having asserting any claim
claims against said property, accrued while
said property has remained in the possession
of the court, whose claim claims have not already
been filed 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 and
tons not having presented and filed their claims within
said sixty days shall be forever barred and foreclosed
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 payrols of said receivers shall not be re-
quired to present their claims under this notice.
w. p FISHBACK
JOHN McNULTA
Special Masters.
Butler Stiman & Hubbard Baker Hord & Hen
bricks, Mcdonald, Butler 81 Mason, and O. w. Fair.
banks Solicitors.