The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-22
M A S L z RS S AL 4
CERTAIN PARTS
Lake Erie { Western Railway.

district of Indiana entered on the twenty ninth
sale of the Circuit Court of the United States for the
Southern district of Illinois, entered the
twentyeighth day of July. 1886, aud by
Circuit Court of the United States for
the Northern district of Ohio, Western division
entered on the twenty,seventh day of August
1856, all of which DEGREES of sale entered in
certain suit, in chancery pending in each of said
courts respectively under the title of The Central
Trust Comnany of New York against the Lake Erie
causes, l. John A. Henry Special Master, duly APP
pointed by order of each Of said courts respectively
will
SATURDAY, THE THIRTEENTH DAY OF NO.
MEMBER. 1856.
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. M. and o'clock P. NJ of
said day, beginning at 10 o'clock in the forenoon
offer for sale at public auction to the highest bidder
all singular the line of railroad between Muncle
Ind, and Bloomington. ILL.,, and appurtenances, en-
9raced in the first mortgage, made by the
casss ba BGOmnso1 Mqn' Rstg
the complainant, the Central Trust Company, of
New York, in trust. to the payment of the
like date, issued by the said Lafayette Bloomington g.
Muncie Railway Company. to the amount of two
million five hundred thousand dollars. and all prop
erty rights and interests conveyed thereby upon
which said mortgage is lien the said railroad and
property is in said mortgage and decree aforesaid par
ticularly described as follows, to-wt
fayette, Bloomington & Muncie Railway Company,
the 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, road-bed,
made or to be made, its tracks laid or
to be laid between the terminal points
aforesaid together with all the stations. depot
grounds, rails. fences. bridges. sidings engine
houses, machines shops, buildings. erectons in any
then appertaning unto said described line OF rail-
road, together with all 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 its depot
grounds, yards sidngs turn-outs, sheds, machine
shops easehod rights, and other terminal facilities
then, which might thereafter be owned by the said
aforementioned railway company together with all and
singular the powers and franchises thereto belong
ing and the tolls, income and revenue 70 be levied
and derived therefrom.
be sold entirety, without appraisement or re-
dempton and notn separate parces and also free and
DISCHARGED from all equity 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, as well as OF any
and ali pereons represented by any and all of said par
ties Of in and to the said mortgaged premises prop.
erty, rights and franchises and every part thereof
described embraced intended to be- in the said
No bid will be accepted for said property at said
sale from any bidder fora 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. pledge that he
will make good his bid if accepted by the court.
OF the price at which said property shall all be sold
per cent. thereof and also at the same time from
time to time thereafter such further portion of said
purchase price as the court may direct in order to
such claims if any, the court may adjudge to be
prior in equity to said first mortgage bonds and
coupons of said Lafayette. Bloomington 81 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 or in part by paying over the outstanding first
mortgage bonds and overdue coupons oe said Lafay-
issue of May L. 1879 at suck price value shall
be equivalent to the amount that the holders thereof
would be entitled to receive thereon in the entire
purchase price paid in cash in the manner pro-
vided fori said decree.
The court reserves the right to reject any bid and
also to retake and resell said premises and property
upon tho failure of 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
at public auction to the highest bidder all and sngu
lar the line of railroad embraced in the first mortgage
made by the Lake Erie g. Western Railway Company
bearing date Aug Is, 1879, and conveying the rail
road between Muncie Ind and Fremont. o.. and ap-
performances, to the Central Trust Company of New
York in trust to 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 one million eight hundred and fifteen
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 Inc said decree particularly described
as follows, to-wit
All and singular the line of railroad of the said Lake
Erie & 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
through the counties of Jay Randolph and Delaware
in the State of Indiana to 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 sxty.ive miles in length together
with all and singular the rights of wav. 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
sdings. eng inc houses machine-shops, build
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 or
which might be at any time thereafter held owned
acquired by the said last mentioned railway company
for in connection with its line of railroad afore
said and all its depot grounds. yards, sidngs turn.
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 apprasement
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 as trustee
under the income mortgage covering said property
we'll of any and all persons represented by any of
sqid several parties Of in and to the said mortgaged
premises, property, rights and franchises and every
part and parcel thereof described embraced or 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 a 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
0per 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
proceedings and pay such claims if any the
may adjudge to be prior in equity said first mortgage
bonds of said Lake Erie & Western Railway ComDany
of the issue of Aug 10 1879 TIE balance of said pu
chase price not required to be paid in cash, may
either be paid in cash the purchaser may satisfy
and make good the balance of mis- bid in whole or in