The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-11-28

In ODeQenc6 TO an order OF sale issued out OF tbs
Circuit Court of the United States for tho District OF
Indiana upon decree rendered in cause, wherein
The Central Trust Company of New York Edward Il.
Leonard James M. QuGley and others were complain
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 ancary cause, wherein the
Central Trust Company of New York and Thomas A.
Hendricks were compliments, and The Toledo.
Cincinnati 81 st. Louis Railroad Company
OF Ohio, Indiana and Illinois and others,
were defendants. in which 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.
day of July. A. D., 1881, 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 Courtroom In
the city of Indianapolis, Marion county, Indiana ON
WEDNESDAY, THE BOTH DAY OF DECEMBER,
"A. d. 1885,
at IL o'clock of said day. all the following de-
All and singular the line of railroad
between connection with The Toledo
DepLos 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, Parte,
Vermon in the State of Indiana and the counties Of
VermiGon, Edgar, Douglass, Coles, Cumberland,
Shelby, Fayette, Bond, Madison, Montgomery and
St Clair, in the State of Illinois to the city of East
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, sdings ngnehouses 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 in 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 theI efrom,
All OF said railroad property above described to be
scld, with Its appurtenances entirety, and with
out relief from valuation appraisement laws and
free from all right of redemption.
The purchaser of said mortgage premises shall
have al the rights, privileges and benefits in
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 num-
Der of bidders uniting in bid before receiving any
bid from such person persons, which deposit will
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 complete said purchase
No bid will be received for a less than Nine
Hundred Thousand Dollars
Within twenty DAYS from and after the corfrmar
ton of such sale the purchaser shall pay
or the unpaid purchase money sufficient, to-
geher with said deposit of Fifty Thousand Dollars to
pay and discharge the court costs masters fees soic
ltors 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 ndent
ures of trust decreed to be foreclosed in said SUITS
excepting such final DEGREES for the payment of money
out of said fund may have been superseded by and
upon proper appeal; and upon such payment by such
purchaser or purchasers he they shall be let into
the possession and enjoyment of the said railroad
ana property subject to the conditions and Stipua~
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 SALE
the masters will make, execute and deliver to the
purchaser purchasers deed, conveying to him or
them, all and singular, the railroad property sold
with its appurtenances which deed will contain an
express stipulation reservug to the court full power
upon default of the purchaser purchasers in 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
or, possession of all any part of the mortgaged
premises sold, and forthwith sell the same any
maSe and Its to that
also contain 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 III the payment of purchase money.
The residue of the purchase money not required to
make the payments herenbefore required to be made
prior to the delivery of possession shall be paid by
the purchaser or 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 to that effect entered requr
ing such payment, until the entire purchase money
shall have been paid. If any surplus of the purchase
money shall remain after full payment of the court
and receivers Indebtedness, the shall be distrib
uted pro rata upon the coupons and
trust and mortgages hereby foreclosed
Provided however in said inortgaged premises
shall bring at such sale price exceeding $40 600
and pta of tbar ata ofz
cent per annum 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 represent
ing said sxty-seven miles of road known the
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 and bonds secured by the mort
gage first named III said decree dated July 3D. 1881
rata upon the $500 income bonds.
In making payment of any surplus of purchase
money that may be left after full payment of costs
allowances and court and receivers indebted
ness, the purchaser or purchasers shall have
the privilege of paying such surplus with the
interest coupons and bonds to which ths
same may be applicable as hereinbefore provided ~
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 adjudged
or conceded to be due and payable out of said fun
prior to said mortgage bonds and coupons who MAJ
become bidder al such sale, shall have the privilege
of turning in his said claim part of the purchase
money at such price he would be entitled &,
receive thereon out of the proceeds of sale.
And to the end that all just claims against sail
property may be speedily determined and adiudgea
notice is hereby given that all persons, firms and
corporations having asserting any CLAIM
Or claims against said property, accrued Will
said property has remained in the possessiu
OF the court whose claim claims have not aires
been filed or presented, shall within sixty days FRI
and after the 9th day of November A. b. 1885.
and present to the Circuit Court of the United State
for the district of Indiana such claim claims she
ing upon the face thereof when, where and for wi's
such claims accrued; and all persons firms and corpo
tons not having presented and fled their claims with
said sixty days shall be forever barred and forecoset
Provided that operatives and employees haviu,
claims for services rendered to the receivers appon
cd by this court whose names and services appe
upon the pay trolls of said receivers shall not be
Quired to present their claims under this notice.
w. 7. FISHBACK.
JOHN Men UIiTA.
Special Masters.
Butler, Stillman & Hubbard; Baker. Hord & H..