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

In obedience to 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. James Nj.
Quigey Charles r. Harbeek and John McNab were
compliments and The Toledo, Delphos g. Burlington
Railroad Company, of Ohio and Indiana, and The To-
ledo, Cincinnati g. 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
the same compliments compliments and the
same defendants 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 81 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 in the
city of Indianapolis, in the county of Marion and
State OF Indiana, on
WEDNESDAY, THE BOTH DAY OF DECEMBER,
A d. 1885.
at IL o'clock of said day, all the following de-
scrlbed property namely
All and singular. the line of railroad of the said Toe-
do Delphos Burlington Railroad Company between
Toledo Lucas county, Ohio through the counties of
Lucas Wood, Henry, Putnam, Allen and Van Vert,
We ss OF Wa me sn OF ana Hams
ard In the State of Indiana, to the city of kokomo,
Indiana being about 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, sidings, engine
IN any way appertaining unto said railroad,
together with all engines, machinery supplies,
tools and fixtures held owned acquired by the said
railroad company tor In connection with its line OF
railroad aforesaid and all depot grounds, yards, sid
lngs turnouts, sheds machine shops, easehod 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 to be levied by and derived there
from. being all and singular the railway property
reo ana conveyed by certain mortgages and deeds OF
trust executed and delivered by the To
pany, on the 18th dav a of Januaru
| A. d. 1880, to the Central Trust Company, of New
York to secure certain bonds and interest warrants,
or coupons, described in said deeds of trust and
mortgages, including the rights of way thereof, the
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 nature and the
| lands and grounds connected Herewith used or
provided to be used in operating said
road wherever situated including all terminal
| facilities owned by the said Toledo Dephos g. Bur-
lington Railroad Company at the date of the
Central Trust Company, of New York, thereafter
owned by the said Toledo, Dephos and Burlington
Railroad Company and by it's successor, by consol-
idaton, the Toledo Cincinnati & St. Louis Railroad
Company and provided to be used in the operation of
said railroad and all engines and rollingstock
belonging to the said Toledo, Dephos e. Burlington
Railroad Company and the Toledo, Cincinnati & st.
Louis Railroad Company or either of them, and all
supplies and other things provided by the said rail
the the order Of this court, to be used IN
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 Delphos & Burlington Railroad Com
pany and its successor the said Toledo Cincinnati g.
St Louis Railroad Company including the rights and
franchises of said several companies
Of said
| to be sold entirety without appraisement and
without reference and not subject to the law 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
quired 80 make deposit of Thrty-fve thousand Dol
lars 1888, 0O0) 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
property shall be struck off shall fail to pay
ete 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 les than Six Hundred Thousand Dollars
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 sufficient. taken
together with the said thirty-ve thousand dollars
1888, 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
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
prior and in equity to the lien of the said deeds
of trust and mortgages excepting such final DEGREES
upon said claims and debts or any or either of them
may then have been superseded by proper appeal
and supersedeas bond, and upon such payment by
such purchaser pun chasers the said purchaser
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 purchasers,
conveying the railroad property purchased at such
sale, which deed shall contain stipulation reserving
to the said United States Circuit Court for the
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 same part thereof upon order
of the said court, to that effect entered
Said deed will contain the further stipulation that
the purchaser or 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 purchasers in the pay
ment OF purchase money as by the order of court
required.
make the payments provided for above shall be paid
by the purchaser or purchasers from time to
time upon the amounts found and deter
mined. and finally adudged and decreed by the court
to be DUE and payable upon court and receivers IN
debtedness and to be prior and superior to the lien of
said first deed of trust and mortgage executed Jan
IL A. ID. 1880. Said payment to be made by the
purchaser purchasers upon twenty days notice by
the master the order of the court 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 herenbeore
provided the shall be distributed pro rata upon
the coupons and bonds of said first mortgage or 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 receiv
er's Indebtedness, the purchaser or purchasers
shall be allowed to pay said surplus
same may be applicable as hereinbefore provided
each such coupon and bond being received by the
Masters for such the holderthereof is entitled
receive under the distribution herein provided and