The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-19
NOTICE OF SALE
Or THE
Chicago, CINCINNATI Louisville Railroad.

By virtue Of certified copy of decree of the Cir
cult Court of the United States for the district of In
diana in suit therein pending wherein the Central
Trust Company, of New York. and others are
Railway Company and others defendants
and in which said suit there is pending
cross-bill in which George r. NJ. Davis trustee, is
plaintiff and the Wabash St Louis & Pacific Railway
Company and others defendants the undersigned
Militant 2. F!shback, Master in Chancery of said
court. will, on
SATURDAY, THE 18TH DAY OF NOVEMBER,
A. D. 1886,
at ID o'clock noon of said day offer for sale to
the highest bidder at public auction at the door
of the United States Circuit Courtroom in the city of
Indianapolis State of Indiana the following railroad
property, viz:
All and singular the railroad of the Chicago, Gin
cinnat 81 Louisville Railroad Company constructed
and to be constructed from the city of aPorte the
city of Peru Indiana together with all said CO mpanys
real estate. lands tenements and hereditaments &C
quired to be acquired for the purpose of right of
way for single double road and the appurtenances
thereof, and for depots engine houses, houses,
station houses, warehouses; work shops superstruct
ures erectons and fixtures and also all and every the
privileges franchises and rights of the said Chicago
Cincinnati 81 Louisville Railroad Company acquired at
the date of the mortgage deed of trust executed by
the said the Chicago, Cincinnati & Louisville Rail
the lst day of January, 1867 thereafter acquired
by said company; also, all the rails, bridges, piers,
depots engine-houses, car-houses, station houses,
warehouses, workshops erectons, superstructures,
fixtures privileges franchises and rights of the said
Chicago Cincinnati & Louisville Railroad Company
wheresoever and whatsoever then owned by the said
hicago Cincinnati & Louisville Railroad, Company
thereafter to be owned by it, and also all the locomo
tves, tenders baggage, freight and other cars of
belonging to said company, and all other cars
riages tools machinery and equipments for the said
railroad of said company last above named and also
all goods and chattels employed in and about the op
Grafton of said road then owned by the said Chicago
Cincinnati & Louisville Railroad Company there.
after owned acquired by it in any way relating
pertaining to said railroad company with all tolls rents,
NC
ages to be derived received had therefrom by said
Chicago, Cincinnati & Louisville Railroad Com
pany in any manner whatsoever, being the
railway property described in said trust deed
or mortgage executed by said railroad company to
the said George T. NJ Davis, trustee as aforesaid
including all the facilities owned by said Railroad
Company at the time of the execution of said trust
deed thereafter owned and provided to be used in
the operation of said railway, and all supplies and
l. M. Davis trustee while in possession of the same
to be used in the repairs reconstruction of said rail
way or otherwise together with all the corporate
rights privileges and franchises of the said defendant
the Chicago, Cincinnati & Louisville Railroad Com
pany pertaining. belonging and appurtenant to the
said line of railway and property.
All OF said railroad property above described will be
sold as an entirety without relief from valuation or
appraisementlaws and without reference and not SUBJ
ect to the laws of the State of Indiana touching the
rights of redemption from mortgage sales
Said sale will be made subject to the terms condi-
lions and requirements of any final decree be here
after rendered by said court in said in the mat
ter of the intervening petition of Scion Humphreys
and Thomas E. Tut, receivers of the Wa
BASH. ST. Louis Il Pacific Railway Company
and the answer and countercaim thereto and the is
sues presented thereby and joined thereon The pur
chaser purchasers at such sale or their assigns
shall by virtue of such purchase, become the owner
and have the benefit of final decree to be rendered
against said receivers of the Wabash St. Louis Pa
chc Railway Company upon the issues so joined upon
said intervening petition of said receivers, and the
Il. Nj. Davis, trustee.
And said sale shall also be made subject to all
necessary expenses if any. incurred by said Davis
trustee in the matter of the cross bill Of the First
National Bank of Cobleskill and others, pending in
the original cause of the Central Trust Company of
New York and others against the Wabash ST. Louis &
Pacific Railway Company and others. and subject to
any and all liability to which the said Davis may be
subjected in that litigation.
The purchaser or purchasers at such sale shall in
addition to the purchase money bid at such SALE pay
discharge and satisfy any final decree hereafter rem
dered in favor of said receivers Humphreys and
Tut and the Wabash, st. Louis & Pacific Railway
Company upon the issues upon said intervening petit
ton OF Receivers Humphreys and Tut and the
answer thereto and the counter claim of cross-com
pay all expenses and liabilities incurred by said
George L. NJ. Davis, trustee defendant to said
cross bill of said First National Bank of Coblesk and
others.
The purchaser or purchasers under this decree. or
their assigns, shall, by virtue of such purchase be
and become the owner of and have the benefit of any
final decree rendered against the said Indianapolis
Peru q Chicago Railway Company Wager Swayne
trustee, in possession of said indianapolis, Peru &
Chicago Railway in favor of the said Chicago Cncin
natl & Louisville Railroad Company of said cross
complainant, George T. NJ. Davis, trustee in posses
sion of said Chicago Cincinnati Louisville Railroad
And such purchaser or purchasers shall in addition
to the purchase money bid at such sae pay discharge
and satisfy any final decree which may be rendered in
favor of the said Indianapolis, Peru & Chicago Rail
road Company or said Wager Swayne, trustee in pos
session of said indianapolis, Peru & Chicago Railway
against said Chicago Cincinnati & Louisville Railroad
Company or said George T. NJ Davis, trustee in pos
session of said Chicago Cincinnati e. Louisville Rail-
road
The undersigned win require deposit of $25, 900
to be made by each and every bidder bidders before
receiving any bid from any such bidder or bidders
which deposit shall be absolutely forfeited to the use
OF the trust in the hands Of the said George T. M.
Davis trustee if the bidder to whom che said railway
and property shall he struck off shall fail to pay or
comply with said purchase in accordance with the
terms of the said sale and the orders and DEGREES of
said Circuit Court of the United States in that behalf
No bid will be received cried for less than
100000. WILLIAM P. FISHBACK
Master in Chancery,
United States Circuit Court District of Indiana.
Mcdonald, Butler 81 Mason solicitors.