The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-09-10

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| 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
twenty-eighth day of July 1886, and by
virtue. of Ike decree of sale of the
the Northern district of Ohio. Western division,
| entered on the twenty day of August.
1886, all of which DEGREES of sale entered in a
courts respectively under the title of 1.-THE Central
! Trust COMPANY 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. on
| SATURDAY, THE THIRTEENTH DAY OF NO,
| MEMBER. 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 o'clock P. N. of
| said day. beginning at 10 o'clock in the forenoon,
offer for sale at public auction to the highest bidder
all and singular the line of railroad between Muncle,
Ind, and Bloomington. H.. and appurtenances, en-
6raced in the first mortgage. made by the
Lafayette, Bloomington 8 Muncie Railway
the Complainant, the Central trust Company. Of
| Ne~ 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 five hundred thousand dollars, and ali 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
| ticuarly described follows. to-wit
| OF
fayette Bloomington g. Muncie Railway Company as
the same then 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 Blooming
in said last mentioned county in Illinois together
with all and singular the rights of way. road-be
made or to be made, it's tracks laid or
to be. laid, between the, terminal points
grounds, rails. fences. bridges. sidings, engine
| houses machineshops buildings, erections in any
way then appertanng 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 easehold 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 to be levied
| and derived therefrom.
The mortgaged premises and property aforesaid will
| be sold as entirety without apprasement or re,
demption and notn separate PARCELS and also free and
discharged from equity of redemption OF the parties
defendant named in said decree and the Central Trust
Company, of New York, trustee. under the income
and all 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
| mortgage.
No bid will be accepted for said property at said
sale from any bidder for less than five hundred
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 as 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 & Munce
| 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-
ette Bloomington & Muncie Railway Company of The
issue of May j. 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 form 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
| comply with any order of the court requiring pay
| ment.
will also the day and at The same place. and
between the hours aforesaid by virtue of Che 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 in the first mortgage
| made by the Lake Erie g. Western Railway Company
road between M1ncie' Ind and Fremont. g., and ap
purtenances, 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 million eight hundred and fifteen
thousand dollars and all property rights and interests
| conveyed thereby 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, towit:
All and singular the line of railroad of the said Lake
| Erie g. Western Railway Company. as the Same then
| was, 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
4 sx% SA0%a IS Tr1.0 he
county in Indiana. including the branch line from ST
Marys TO Minister in Auglaize county Ohio, being about
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,
sidings. enginehouses, machine-shops, build
| ings erectons in any way then appertaning,
which might thereafter appertan unto the said do
scribed line Of railroad together with all the engines
cars machinery, supplies tools and fixtures thon
which might be at any time thereafter held owned or
| acquired by the said last mentioned railway company
for use i'll connection with its line of railroad afore.
said, and all its depot grounds yards, sidngs 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
or 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
well of any and all persons represented by any of
sad 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. 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 time
from time to time thereafter such further portion Of
| said purchase price the court may direct
I in order to meet the expenses of said
proceedings and to pay such claims If any the
adudge to be prior in equity to said first mortgage
bonds Of said Lake Erie Western Railway ComDany
l of t,a oE 1870 Tkah nf az