The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-12-26
ST. LOUIS DIVISION.

ST. LOUIS DIVISION.
Ia obedience to order of sale issued out of the
Circuit Court of the United States for the District OF
Indiana upon decree rendered in caase. wherein
Tho Central Trust Company of New York. Edward II.
Leonard James Nj. Quigley and others were 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
Central Trust Company of New York and Thomas A.
Hendricks were complaiaants, and The Toledo.
Cincinnati, & St Louis Railroad Company.
were defendants in which decree of
foreclosure has been entered in each of said courts
Sgqn The crn ana Fosi dfs n
pany TO The Central Trust Company, of New York,
and Thomas A. Hendricks rs trustees on the 23d
masters appointed by the said courts win offer for
sale at public auction to tho highest bidder at
the door Of the United States Circuit Courtroom 10
the city of Indianapolis, Marion county, Indiana, on
WEDNESDAY, THE 3orH DAY OF DECEMBER.
a. ID. 1885,
at IL o'clock noon of said day, all tho following do
scribed property, namely:
between connection with The Toledo
Delphos aud 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.
Vermilion in the State Of Indiana and the counties of
vermihon Edgar, Douglass, Coles, Cumberland.
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 siugs, engneheuses, 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 e. st.
Louis Railroad Company for III connection with
the line of railroad aforesaid between SAID points and
all its depot grounds yards, sidngs 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 revenue
to be received or derived 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.
I'll o 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, 1880.
A 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 receiving any
bid from such person or persons which deposit will
be forfeited to the use of the trust in the hands Of
said trustees If the bidders to whom the property shall
be struck off shall fail to pay complete said purchase.
No bid will be received for less sum than Nine
Hundred Thousand Dollars.
Within twenty days from and after the corfrna
ton of such sale the purchaser cnasers shall pay
gether with said deposit Of Fifty Thousand Dollars to
pay and discharge the court costs masters fees soc
itors 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
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 have been superseded by and
upon proper appeal and upon such payment by such
purchaser purchasers, he they shall be let into
the possession, useand enjoyment OF the said railroad
and property, subject to the conditions and stipua
tons 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 decrees and order Of SALE
the masters will make execute and deliver to the
purchaser purchasers decd conveying to him
them, all and singular the railroad property sold.
with it's appurtenances which deed wifi contain an
express stipulation reserving to the court full power
upon default OF the purchaser or purchasers lit COM
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,
e, possession OF aa or any part Of the mortgaged
feet made and entered. Said deed will
also contain stipulation that the purchaser
purchasers, or his their assigns shall forthwith
yield possession of said mortgaged premises in
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 nerenbefore 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
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 70 that effect entered requir
ing such payment, until the entire purchase money
shall have been paid II any surplus of the purchase
money shall remain after full payment of the court
and receivers Indebtedness the shall be dstrb-
ued pro rata upon the coupons and
fvuS mn hnrn lry
Provided however. in said nortgaged promises
shall bring at such sale price exceeding $4,000
cent per annurn 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-seven miles OF road known as tho
Frankfort & State Line railroad to abide the further
order of the court as to the distribution thereof.
II any surplus shall remain after full payment of
the overdue coupons aud bonds secured by the mort
gage first named in said decree, dated July 23 1881.
such surplus 50 remaining shall be distributed pro
rata upon the $500 income bonds.
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 tbs
interest coupons and bonds TO which the
same may be applicable as hereinbefore provided at
such price the holder thereof would be entitled
receive in cash it the entire purchase money paid
in cash.
conceded to be due and payable out of said fund
prior to said mortgage bonds and coupons who may
become bidder at Such sale, snail have the privileges
of turning in his said claim part of the purchase
E1oney at such price he would be entitled To
receive thereon out of the proceeds of sale.
And to the end that all just claims agairfst said
property may be speedily determined and aaiudged
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 aecrued and all persons firms and corpora
tons not having presented and filed 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 bv this court whose and services appear
upon the payrols of said receivers shall not be re-
quired to present their claims under this notice.
w. T. FISHBACK.