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

Indiana upon decree rendered in cause wherein
The Central Trust Company of New York James nj.
Quigley, Charles 7. Harbeck and John McNab
compliments, and The Toledo Delphos q Burlington
Railroad Company of Ohio and Indiana, and The To
ledo, Cincinnati & 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 anclary cause wherein
the 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 & Burlington Railroad Company
to the Central Trust Company, of New York on the
18th day of January, 1885, 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 3OTH DAY OF DECEMBER,
A. d. 1885.
at IL o'clock of said day, all the following de-
scribed property, namely:
All and singular the line of railroad of the said Tole
do. Delphos & 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 hundred and eighty miles in
length together with all and singular the rights of
way, roadbed aid track between the terminal points
aforesaid together with all the stations, depot
houses, machne-shops. buildings. and erections
in any way appertaining unto said railroad
together with all engines, cars machinery supplies
tools and fixtures held owned acquired by the said
railroad company for in connection with its line of
railroad aforesaid and all depot grounds. yards sid
ings turnouts sheds machine shops lease-hod 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
from being all and singular the railway property COW
cred and conveyed by certain mortgages and deeds OF
trust exeoptsd and b. the T
pany, the 18th day of January,
A. D. 1880 to the Central Trust Company, of New
York to certain bonds and interest warrants
or coupons, described in said deeds of trust and
mortgages including the rights of way thereof the
road-bed thereof, the supersructures of all sorts
lands and grounds connected herewith and tools or
implements owned provided to be used thereon and
therein and in constructing and repairs to cars and
machinery of said road or the track and the super
structures aforesaid. and all fixtures and superstruct
ures of whatever name or nature and the
lands and grounds connected herewith used
provided to be used in operating said
road, wherever situated including all terminal
facilities owned by the said Toledo Dephos & Bur-
lington Railroad Company at the date of the execu
ton of the said trust deeds and mortgages to said
Central Trust Company, of New York. or thereafter
owned by the said Toledo, Dephos and Burlington
Railroad Company and by its successor, by consol-
idation, the Toledo Cincinnati 81 st. Louis Railroad
Company. and provided to be used in the operation of
said railroad, and all cars. engines and rollingstock
belonging to the said Toledo, Dephos & Burlington
Railroad Company and the Toledo, Cincinnati & st.
Louis Railroad Company, either of them, and all
supplies and other things provided by the said rail-
the order his s ssSss'i 'RBso1 used
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 81 Burlington Railroad Com
pany and its the said Toledo, Cincinnati q
St Louis Railroad Company including the rights and
franchises of said several companies.
All of said railroad property with its appurtenances
to be sold entirety without appraisement and
without reference and not subject to the law or laws
of the States of Indiana, Illinois and Ohio touching
rights of redemption from mortgage sales.
AM person desiring to bid at such sale will be
quired to make deposit of Thirtyfve thousand Dol
lars 1885 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
trust deeds and mortgages if the bidder to whom the
property shall be struck off shall fail to pay
pete 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 less than Six Hundred Thousand Dollars
5000, OOO.)
Within twenty days after the confirmation
of such sale the purchaser purchasers shall
pay, of the unpaid purchase money for which
said property is sold sum sufficient taken
together with the said thirtyfve thousand dollars
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
taxes legally due upon said property, that shall have
been then and prior thereto found and determined
able as court and receivers indebtedness and to be
prior and superior 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
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 a 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 or 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 or purchasers his or their assigns will
forthwith yield possession of said railroad and prop
ery upon such order of the court entered upon such
default of the purchaser purchasers in the pay
The residue of the purchase money not required to
make the payments provided for above shall be paid
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
debtedness and to be prior and superior the lien of
said first deed of trust and mortgage, executed JAN
IL, A. D. $780, Said payment to be made by the
purchaser or upon twenty Gays notlce by
the master upon 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 any surplus is left after full payment
of the court and receivers 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 court and recev
er's indebtedness the purchaser purchasers
shall be allowed to pay said surplus
in the bonds and coupons to which the
may be applicable, hereinbefore provided
each such coupon and bond being received by the
Masters for such the holderthereof is entitled
to receive under the distribution herein provided and
according to the priortes adiudged by said Court
In making payment of any order and decree decree;ng