The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-11
NOTICE OF SALE
or THE
Louisville, EVanSVle&a LouSRai way

By virtue of certified copies of DEGREES of the Cir
cult Court of the United States for the District Of In
diana and the Southern District of Illinois, in a suit
! therein pending, wherein Isaac Z. Burr is com
painant and the Louisville Evansville q st. Louis
Railway Company and others defendants. orig
inal BILL and the Mercantile Trust Company aud Noble
e. Butler trustees, are complanants. and the Louis
vile Evansville 81 st. Louis Railway Company and
others defendants, crossbill the undersigned
William T. Fishback and Nrank H. Jones' commission
ers appointed by said courts by said DEGREES will on
WEDNESDAY, THE ORR DAY OF JUNE. A.
D., 1886
at o'clock D. M OF said day. offer for sale to the
highest bidder. public auction at the west door of
| the County Courthouse, in the city of New Albany.
Floyd county State of Indiana, the following railway
All that certain line of railway beginning at point
at or near the Ohio river opposite the city of Louis
Vile Kentucky and in the city of New Albany IN the
county of Floyd in the State of Indiana and run
ming thence westerly through the counties of Floyd
Harrison, Crawford and Dubois to near Hunting.
through the county of Dubois. and through the
county of Pike to Oakland, Oakland City, in the
county of Gibson. Indiana and thence still through
the Wabash river, and thence by bridge over the
Wabash river erected under due authority of law, to
Mount Carmel. in the county of Wabash, and State
Of Illinois and thence through the counties Of
Wabash and of Edwards to Albion IN the county of
Edwards, in the State OF Illinois aud thence still
westerly through the county of Wayne, by passing
through near Fairfield, in said county and thence
still westerly through the county of Wayne to Mount
Vernon, in the county of Jefferson and State of
Illinois, in all distance of about hundred and
ninety l9O miles, which said property is designated
and described the main line of said Louisville,
Evansville 4 St Louis Railway.
| And also, that other line of railway. beginning at
Evansville the Ohio river, in the county of
Vanderburgh in the State of Indiana, and running
thence through the county of Vanderburgh to Boon
Vile in the county of Warrick Indiana, and thence
to Gentryvle in the county of Spencer Indiana and
thence via Huntingburgh aforesaid, to Jasper in the
go ty n D.1hn Inria
And also. running from said 6entryville, afore..
said. to Rockport, upon the Ohio river, in said
county of Spencer, Indiana-whch said line of rail
way. last above described, VIZ; from Evans
vile to Jasper and from Gentryyille to Rockport is
known and designated as the Evansville division OF
said Louisville, Evansville 81 st. Louis railway.
And also all the lands, real estate. grants, ways and
rights of way, licenses and easements of said railway
company upon which the said railway railways
situate which ere connected Herewith. which
are necessary useful convenient for the use main
tenance and operation of the said railways, whether
owned by said Louisville. Evansville 81 st. Louis Rail
qured.
And also althe bridges. depots, statonhouses, en-
gne-houses, caraouses, freightnouses, car or MA
| chine shops appertainng to the railways above de-
scbed and all kinds of machinery and tools whether
| held at the date last named or at
forwards acquired f9r use in connection
with said railways, together with all locomotives
engines, tenders passenger or freight CARS and all
other rolingstock and equipments. and all fuel and
| material and all other personal property, whether
then held or afterwards acquired for constructing
repairing or replacing said railways; and also all
franchises. rights privileges, im,nunites, and all
the things IN action contracts claims and demands OF
| the said railway comranies owned or afterwards
| acquired. in connection with or relating to
said railways either of them together with all and
singular the tenements and appurtenances thereto be-
longing ano all reversons remainders, tolls freghts
incomes, rents issues and profits thereof, and also
all the estate right title and interest whatsoever,
we'll at law as in equity of the said railway compa-
| MES. and. lin and to the same.
Excepting however the franchises of the said rail-
way company so owned since acquired by, it, re-
lating and appertainng to the extension of the rail-
way from Mount Vernon or from any point upon the
above described main line Of railway east from Mount
Vernon to East St Louis any other point upon the
Mississippi river.
purchaser win take the subject. far as the
property described as the Evansville division
Is concerned to a mortgage executed by the Ey-
to Henry Refs, trustee. securing the payment of
bonds and coupons issued hereunder to the amount
psr esn Interests tSsTson fom
January /. 1856, and also subject to the payment
OF twenty-seven thousand dollars. with six per
amount of coupons taken up by w. L. Hart I. T.
Burr, J. II. French, John Goldthwaite w. S. Blanch-
ard j. M. Fetter and A. p Humphrey, trustees, and
subject SO far as the property above designated as
the main line of the Louisville, Evansville & St.
Louis railway concerned to the payment of the bonds
and coupons by the mortgage deed of trust
executed by the Louisville New Albany & ST. Louis
Railway Company to the Mercantile Trust Company
and Noble o. Butler trustees the first day of june
| QecreeS
OF the purchase money ten thousand dollars is to
be paid cash in hand and the balance within ten
days from the day of sale within such further time
the court may allow. The balance of said bid may
be paid in the bonds coupons issued under and
cured by the mortgage deed of trust executed by The
Louisville, Evansville s. ST. Louis Railway Company
to the Mercantile Trust Company and Noble O. Butler
trustees the first day of March 1882 at the face
or pro rata value thereof, according
nsosS t5a in suh event sP h
shall at such time times as the court may order
pay in cash enough money to satisfy and discharge
such are by said DEGREES of said courts or
which may be by subsequent orders in said cause de-
cared payable out of such purchase money before
any distribution is made upon such coupons or bonds
The undersigned will, also, at the place and
Immediately after making the sale as above in obed
ence to the terms Of the DEGREES Of che same
courts in the cause offer for caro- at public
ton to the highest and besr bidder the psnertv de-
scrbed above excsra mat portion 81 t which IS des
ignatea as 3re Evansville Division, being what is
known as the Main Line of said Louisville, Evansville
d st. Louis Railway,
OF the purchase money, twenty thousand dollars
shall be paid cash in hand, and the balance within
ten days from the day of sale within such time as
the court may allow. For the balance of said bid
there will be received in payment the bonds and
coupons issued under and secured by the mortgage
executed by the Louisville, New Albany &
st. Louis Railway Company, to the Mercan
tile Trust Company, of New York and Noble O. But
ler trustees, the lst day of june 1881 at the face
pro rata value thereof, according to the amount
sucn property shall bring; provided that IN any event
the purchaser purchasers shall at such time OF
times the coust may order, pay in cash enough
money to satisfy and discharge such sums as are by
cause be declared by said courts to be s able in cash
out of said purchaselnoney before any distribution is
to be made upon such coupons or bonds.
Before receiving any bid the purchaser at either of
said sales, win be required to deposit in cash or
certified check satisfactory the undersigned an
amount equal to the cash payments required under
such sales, respectively and bid will be received
said property under said second sale for less than
seven hundred and fifty thousand dollars.