The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-01


sale of the Circuit Court of the United States for the
district of Indiana, entered the twenty ninth
day of July 1886. and by virtue Of like decree of
sale of the Circuit Court of the United States for the
Southern district of Illinois. entel ed on the
tw.s.nty-eighth day Of July. 1886. and BY
Circuit Court like Of tbs United States
the Northern district of Ohio, Western division,
entered on the twenty-seventh day Of August.
certain suit, in chancery, pending in each of said
courts respectively. under the title of THE Central
Trust Com any of New York against the Lake Erie
q western Railway Company ct al and consolidated
causes, I. John A. Henry. Special Master duly ap-
pointed by order of each Of said courts respectively
will.
SATURDAY, THE THIRTEENTH DAY OF NO.
vEMBER. 1886.
At the courthouse in the city of Muncie in the
county of Delaware in the State of Indiana between
the hours of 10 o'clock A. NJ and 4 clock p NJ. of
said day beginning at 10 o'clock in the forenoon,
offer for sale at public auction to the highest bidder
Ind, and Bloomington. Ill., and appurtenances en-
6raeed in the first mortgage. made by the
LL a Bloomington s Mqncie oR Rsilway
the complainant. the Central Trust Company, of
New York, in trust, to secure the payment of the
principal and interest of the first mortgage bonds of
like date issued by the said Lafayette Bloomington
Muncie Railway Company. to the amount of two
million Ave hundred thousand dollars. and all prop
erty rights and interests conveyed thereby upon
which said MORTGAGE lien. as the said railroad and
property is said mortgage and decree aforesaid par
ticularly described as follows to-wt
All and singular the line of railroad of the said La
fayette, Bloomington s. Muncie Railway Company,
the same then was might thereafter be constructed
between Muncie Delaware county Indiana through the
counties of Delaware. Madison. Upton, Clinton Tip
pecanoe and Benton, in Indiana and Vermilon, Ford
and Mclean, in Illinois, to the city of Bloomington.
IN said last mentioned county in Illinois, together
with all and singular the rights of way, roadbed,
made or to be made its tracks laid
to be laid between the terminal points
aforesaid, together with all the stations. depot
nP0 de lie hui1 cid nDITn
houses, machine-shops, buildings, erectons IN any
way then appertaning unto said described line OF rail-
road together with all the engines. machinery.
supplies tools and fixtures then. which might be at
any time thereafter held, owned acquired by said
aforementioned railway company for use in connection
with its lines of railroad aforesaid and all its depot
grounds, yards sidings turn-outs, sheds, machine
shops easehod rights, and other terminal facilities
then, which might thereafter be owned by the said
singular the powers and franchises thereto belong
ing, and the tolls, income and revenue to be levied
and derived therefrom.
The mortgaged premises and property aforesaid will
be sold an entirety, without appraisement or re-
depton and notin separate parces and also free ana
dschareed from all equity of redemption of the parties
defendant named in said decree and the Central Trust
Company, of New York, trustee. under the income
mortgage covering said property, as well as OF any
and all pereons represented by and all OF said par
ties Of in. and to the said mortgaged premises prop
ery, rights and franchises and every part thereof
described embraced intended to be- IN the said
mortgage.
No bid will be accepted for said property at said
sale from any bidder for less than five hundred
thousand dollars from any bidder who shall not
have deposited with me, such special master the
sum of fifty thousand dollars, as pledge that he
will make good his bid if accepted by the court.
Of the price at which said property shall be sold
there shall be paid in cash at the time of the sale ten
per cent thereof and also at the same time or from
time to time thereafter such further portion of said
purchase price the court may direct in order to
meet the expenses of said proceeding, and to pay
such claims if any as the court may adjudge to be
prior in equity to said first mortgage bonds and
coupons of said Lafayette. Bloomington q Muncie
Railway Company.
The balance of the purchase price not required to
be paid in cash may be paid in cash. the purchaser
may satisfy and make good said balance of his bid In
whole in part by paying the outstanding first
mortgage bonds and overdue coupons oe said Lafay
cite Bloomington & Muncie Railway Company of the
issue of May l. 1879. at suck price or value as shall
be equivalent to the amount that the holders thereof
would be entitled to receive thereon in case the entire
purchase price were paid in cash in the pro-
vided for in said decree
The court reserves the right to reject any bid and
also to retake and resell said premises and property
upon the failure of any purchaser for twenty days to
comply with any order OF the court requiring pay
ment.
will also the day and at the place, and
between the hours aforesaid by virtue of the several
DEGREES of sale of said courts aforesaid offer for sale
at public auction to the highest bidder all and sngu
Ian the line of railroad embraced in the first mortgage
made by the Lake Erie & Western Railway Company
bearing date Aug Is, 1879, and conveying the rail
road between Muncie, Ind, and Fremont. o., and APP
purtenancss, to the Central Trust Company of New
York in trust to secure the payment of principal and
interest of the first mortgage bonds of like date, is
sued by the Lake Erie & Western Railway Company,
to the amount of million eight hundred and fifteen
thousand dollars and all property rights and interests
conveyed thereby, upon which said mortgage is
lien the said railroad and property is in the said
mortgage and the said decree particularly described
as follows, to-wit:
All and singular the line of railroad of the said Lake
Erie & Western Railway Company. the same then
was, or might thereafter be constructed between
Fremont Sandusky county. Ohio through the
of
Auglaze and Mercer. in the State of Ohio. and
through the counties of Jay Randolph and Delaware,
in the State of Indiana Muncie in the last named
county in Indiana including the branch line from St
Marys Minister in Augaize county Ohio being about
hundred and sxty-6ve miles in length together
with oil and singular the rights Of way. roadbed made
or to be made its track laid be laid between the
terminal points aforesaid, together with all
stations, depot grounds, rails, fences, bridges,
ings, erections in any way then appertaning,
which might thereafter apperain. unto the said de-
scrbed line of railroad together with all the engines
cars, machinery, supplies tools and fixtures then
which might be at any time thereafter held owned
acquired by the said last mentioned railway company
for use connection with its line of railroad afore-
said and all its depot grounds yards, sidings turn
outs. sheds machine-shops, lease-hold rights and
other terminal facilities then which might there
after be owned by the said last mentioned railway
company, together with al and singular the
powers and franchises thereto belonging, and the
tolls income and revenue to be levied and derived
therefrom
The mortgaged premises and property last afore-
said will be sold entirety without appraisement
redemption and not in separate parcels: and also
free and discharged from all equity of redemption of
the parties defendant named in the said DEGREES and the
Central Trust Company of New York trustee,
under the income mortgage covering said property
well of any and all persons represented by any of
Sid several parties of in and to the said mortgaged
premises, property rights and franchises. and every
part and parcel thereof described embraced in.
tended to be. in the said mortgage.
No bid will be accepted for said property, at said
sale for sum less than five hundred thousand dol
lars from any bidder who shall not have deposited
| with me- as such Special Master, the sum Of fifty
thousand dollars pledge that he will make good
| his bid if accepted by the court
OF the price for which said property shall be sold
there shall be paid in cash. at the time of the SALE
10 per cent thereof; and also at the same time or
from time to time thereafter such further portion of
said purchase price as the court may direct.
proceedings and pay such claims if any as the court
may adudge be prior in equity said first mortgage