The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-15

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
Southern district of Illinois. entered on the
twsnty-eighth day Of July. 1886 and By
Circuit Court of the United States for
the Northern district of Ohio. Western division,
1886 all Of which DEGREES Of sale were entered in
certain suit, in chancery pending in each of said
courts respectively under the title of The Central
& Western Railway Company ct al and consolidated
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. 1886,
AT the courthouse in the city of Muncie, in the
county of Delaware in the State of Indiana between
the hours of III o'clock A. NJ 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 and singular the line of railroad between Muncle
Ind, and Bloomington. H. and appurtenances, en-
braced in the first mortgage. made by the
Company Company bearing ppHs date Nav /. 1873 to
the complainant. the Central Trust Company, of
New 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
MuDcie 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 lien as the said railroad and
property is In said mortgage and decree aforesaid par
ticulary described as follows to-wit:
All and singular the line of railroad of the said La
favette, Bloomington & Munce Railway Company, as
the same 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 Vermillion, 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, roadoed,
made or to be made, :, its tracks laid or
aforesaid, together with all the stations depot
grounds rails. fences. bridges. sidings, engine
houses machne-shops, buildings, erections in any
%1o i IL 1OEwo
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 in connection
with its lines of railroad aforesaid and all its depot
grounds yards, sdings, turn-outs, sheds, machine
shops, leasehold rights and other terminal facilities
then which might thereafter be owned by the said
lastmentioned railway company together with all and
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 -Tthout appraisement or re-
demption and notn 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. trustee. under the income
mortgage covering said property as wen as OF any
ties Of in and to the said mortgaged premises. prop
erty rights and franchises and every part thereof
described or embraced, or 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
of fifty thousand dollars pledge that he
will make good his bid if accepted by the court ,a
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 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 & Muncie
Railway 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
ette Bloomington & Muncie Railway Company of the
issue of May l. 1879 at sucE price or value as shall
be equivalent to the amount that the holders thereof
would be entitled to receive thereon in case the entire
purchase price were paid In cash in the manner pro-
vided for in said decree
The court reserves the right to reject any bid and
also retake and resell said premises and property
upon the failure of any purchaser for twenty days to
comply with any order of the court requiring pay
ment.
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 singu
lar the line of raI6ad 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 the payment of principal and
interest of the first mortgage bonds of like date is
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
lien the said railroad and property is in the said
mortgage and the said decree particularly described
as follows, to-wit:
All and singular the line of railroad of the said Lake
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
in the State of Indiana Muncie in the last named
county in Indiana including the branch line from ST.
Mary to Minister in Auglazeco Ohio being about
one hundred and sixtyfive miles in length. together
with all and singular the rights of way roadbed made
or to be made it's track laid to he laid between the
terminal points aforesaid together with all
stations, depot grounds, rails fences, bridges,
sidings. eengne:houses, maehneshops, build
which might thereafter appertain unto the said de-
scribed line of railroad together with all the engines
cars, machinery supplies. tools and fixtures then
which might be at any time thereafter held owned or
acquired by the said last mentioned railway company
for use in connection with its line of railroad afore
on, sheds aebnesbops iessebod r9bfs and
other terminal facilities then or 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 in the said DEGREES and the
Central Trust Company of New York, as trustee,
under the income mortgage covering said prope ty
well of any and all persons represented by any of
Sid 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 nor from any bidder who shall not have deposited
with me- as such SSii Master the sum 6 i as
thousand dollars a pledge that he will mako 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 or
from time to time thereafter such further portion of
said purchase price as the court may direct.
proceedings andto pay such claims any the court
may adudge to be prior in equity to said first mortgage
bonds of said Lake Erie & Western Railway COMPANY
of the issue of Aug To- 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
mako GOOD halanca of hid in vvhola