The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-09-17


district of Indiana, entered on 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
tventy-eighth day of july. 1886, and by
virtue. of al like decree Of sale Of the
the Northern district of Ohio Western division
entered the twenty.seventh day of August,
1886, all of which DEGREES of sale entered in
courts, respectively under the title of THE Central
Trust Comnsny of New York against the Lake Erie
e. Western Railway Company ct al and consolidated
pointed by order of each Of said courts, respectively
will. on
SATURDAY, THE THIRTEENTH DAY OF NO.
MEMBER, 1856,
AT the courthouse, in the city of Muncier IN the
county of Delaware in the State of Indiana between
the hours of 1U o'clock A. M. and o o'clock P M. of
said day, beginning at 10 O'Clock in the forenoon,
offer for sale at public auction to the highest bidder
ali and singular the line of railroad between Munciey
6raced in the first mortgage made by the
Lafayette, Bloomington & Muncie Railway
Company bearing date May L., 1879, to
the complainant the Central Trust Company, of
New York, in trust to 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 five hundred thousand dollars and all prop
erty, rights and interests conveyed thereby or upon
which said mortgage is ien the said railroad and
property is in said mortgage and decree aforesaid par
ticularly described as follows, towit,
All and singular the line of railroad OF the said La
fayette Bloomington 81 Muncie Railway Company as
the then might thereafter be constructed
between Munce Delaware county, Indiana through the
counties of Delaware, Madison. Upton Clinton, ZIP,
peeanoe and Benton, in Indiana and Vermlion, 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, road bed
made to be made, it's tracks laid or
to be laid between the terminal points
aforesaid together with all the stations. depot
grounds, rails, fences. bridges, sidings, engine.
houses. bui N
then appertaning unto said described line OF rail
road, together with ali the engines, cars. 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 It's depot
grounds, yards, sidings turn-outs, sheds machine
shops leasehod rights and other terminal facilities
then which might thereafter be owned by the said
aforementioned railway company together with all anu
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 as entirety, without apprasement or re-
dempon and notin separate PARCELS and also free and
discharged from all equity of redemption of the parties
defendant named in said decree and the Central Trust
Company, of New York as trustee. under the income
mortgage covering said property, 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 Fart thereof
described or embraced intended to be- In the said
mortgage.
No bid will be accepted for said property at said
sale from any bidder for sum less than FIVE hundred
thousand dollars, from any bidder who shall not
have deposited with me- as such special master the
of fifty thousand dollars, 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 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. the court may adjudge to be
prior in equity to said first mortgage bonds and
coupons of said Lafayette, Bloomington q Muncie
hallway 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 over the outstanding first
mortgage bonds and overdue coupons OF said Lafay-
cite, Bloomington & Muncie Railway Company of the
issue of May l. 1879 at suck price value as shall
be equivalent Ghe amount that the holders thereof
would be entitled to receive thereon in the entire
purchase price paid in cash. in the manner pro-
vided for said decree.
The court reserves the right to reject any bid, and
also to retake and resA said premises and property
upon the failure of any purchaser for twenty days to
comply with any order OF the court requiring pay
ment
Twill also on the same day and at the same place, and
between the hours aforesaid by virtue of the several
DEGREES of sale of said courts aforesaid offer for sale
public auction to the highest bidder all and singu
lar the line of railroad embraced in the first mortgage
made by the Lake Erie q Western Railway Company,
bearing date Aug Is, 1879, and conveying the rail
road between Muncie Ind. and Fremont, o., and ap
purtenances 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 fteen
thousand dollars and all property rights and interests
conveyed thereby. or upon which said mortgage is a
lien the said railroad and property is in the said
mortgage and the said decree particularly described,
as follows, to-wit
Ali and singular the line of railroad of the said Lake
Erie q Western Railway Company, as the same then
was or might thereafter be constructed between
Fremont, Sandusky county, Ohio through the
counties of Sandusky. Seneca, Hancock. Allen,
Auglaize and Mercer. in the State of Ohio, and
oh he Of law nh md
in the State of Indiana Munce in the last named
county in Indiana including the branch line from ST.
Marys to Minister in county Ohio being about
one hundred and sixtyfve miles in lergth together
with all and singular the rights of way, roadbed made
to be made its track laid to he laid between the
terminal points aforesaid, together with all
stations depot grounds, rails, fences, bridges
sidngs. engine houses, maehine-shops, build
ings, erections in any way then appertaining
which might thereafter appertain, unto the said de-
sorbed line of railroad together with all the engines
cars, machinery, supplies tools and fixtures thon
which might be at any time thereafter held owned
acquired by the said last mentioned railway company
for i'll 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 all 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 the said DEGREES and the
Central Trust Company of New York as trustee,
under the income mortgage covering said property
we'll of any and all persons represented by any of
sad several parties of n 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, such Special Master, the 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
from time to time thereafter such further portion of
said purchase price the court may direct
in order to meet the expenses of said
proceedings and pay such claims if any the court
may adjudge to be prior in equity said first mortgage
bonds of said Lake Erie 81 Western Railway Company
of the issue of Aug 15 1879 Tie balance of said pur
chase price not required to be paid in cash. may