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


In obedience to an order of sale issued oat of the
Circuit Court of the United States for the District of
Indiana upon a decree rendered in cause wherein
The Central Trust Company, OF New York James NJ
complainants and The Toledo Dephos & Burlington
Railroad Company. of Ohio and Indiana, and The To-
ledo Cincinnati Il St Louis Railroad CompanY, of
Ohio, Indiana and Illinois, and others, We're defend
ants and like decree rendered by the Circuit Court
of the United States for the Northern District of
the same compliments were compliments and the
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 & Burlington Railroad Company
to the Central Trust Company, of New York, on tho
17th day of January 1880; The undersigned, special
masters appointed by tho 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 30rH DAY OF DECEMBER,
A. ID. 1885.
at IL O'Clock noon OF said day all the following de-
scribed 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,
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, togethec with all and singular the rights OF
way roadbed and track, between tho terminal points
aforesaid, together with ell the stations, depot
grounds, rails fences bridges, sidings, engine
houses, machine.shops. buildings and ereetlons
in any way appeTtaining unto said railroad
together with all engines cars, machinery, supplies
tools and fixtures held owned acquired by the said
railroad company for use in connection with IFS line of
railroad aforesaid and all depot grounds yards sid
ngs turnouts sheds machine shops leasehod rights
and other terminal facilities owned by said railroad
and franchises belonging thereto and the tolls. in
comes and to be levied by and derived there
from. being all and singular tho railway property COW
cred and conveyed by certain mortgages and deeds or
ledo' Dephos & Burlington Railroad Com
pany, ON the 18th day OF january,
York to certain bonds and interest warrants
coupons, described in said deeds OF trust and
mortgages, including the rights of way thereof, the
roadbed thereof, the surerstructures of all sorts
thereon its water and other stations and shops the
lands and grounds connected herewith and tools or
implements owned or provided 30 ba used thereon and
therein and in constructing and repairs to and
machinery of said road the track and the super
aforesaid and all fixtures and superstruct
OF whatever name or 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, Delphos & 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, Delphos and Burlington
Railroad Company. and by its successor by consol-
idaton, the Toledo, Cincinnati st. Louis Railroad
said railroad and Ell cars engines and r9ilngstock
belonging to the said Toledo Delphos & Burlington
Railroad Company and the Toledo, Cincinnati g. St,
Louis Railroad Company, either OF them, and all
supplies and other things provided by the said rail-
road companies last named, either of
Them order h1 eoS to Se assd by
operating said railroad together with all corporate
franchises of said railroad conpanes last named and
les entering into the various consultations forming
the said Toledo, Delphos Burlington Railroad Com
pany and it's successor, the said Toledo Cincinnati &
st. Lonis Railroad Company including the rights and
franchises OF said several companies.
All OF said railroad property with its appurtenances
to be sold as an entirety without apprasemenb 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 re-
ouired to make deposit of Thrty-hve Thousand Dol
lars C$35 900 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
deeds and mortgages, if the bidder to whom the
property shall be struck off shall fail to pay
pee 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.
sum less than SIX Hundred Thousand Dollars
$500 0OO.)
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,fve thousand dollars
tfJO, OOO3 paQ at the til6 or Sucn SAFE TO 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 ia 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 pul chasers the said purchaser
purchasers shall be let into the possession and en-
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 above provided, deed of conveyance
win be made to the purchaser or purchasers,
conveying the railroad property purchased at such
sale which deed shall contain stipulation reservng
to the said United States Circuit Court for the
district of Indiana fun 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
retaSe 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 or their assigns viii
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 by the order of court
required GO
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 hnally adJudged and deereed 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 JAM
IL, A. b. 1880. Said payment to be made by the
purchaser purchasers upon 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. any surplus is left after full payment
Of the court receivers Indebtedness herenbefore
provided the shall be distributed pro rata unon
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 of the court and recev
ers Indebtedness, the purchaser purchasers
in the bonds and coupons to which the
Same may be applicable as hereinbefore p1ovided