The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-09-03
M A S L RS AL E
CERTAIN PARTS
Lake Erie & Western Railway.

Notice is hereby given that by virtue Of decree of
sale of the Circuit Court of the United States for the
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
twenty-eighth day of July, 1886, and by
virtue OF like decree of sale of the
Circuit Court of the United States for
the Northern district of Ohio, Western division,
entered the twenty seventh day of August.
1886, all of which DEGREES of sale entered in
certain suit, IN chancery, pending IN each OF SAD
Trust of New York; re aranst the Lake Erie
% Western Railway Company ct al. and consolidated
causes. l. John A Henry, Special Master, duly sp-
pointed by order of each Of said courts respectively
will
SATURDAY, THE THIRTEENTH DAY OF NO.
yEMBER 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. NJ. and O'Clock p N. of
said day, beginning at 10 O'Clock in the forenoon,
offer for sale public auction to the highest bidder
all and singular the line of railroad between Munce,
Ind, and Bloomington. Ill, and appurtenances, en-
Lafayette, BLOOMINGTON & Muncie Rsilway
Company, bearing date May l, 1879. 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 &
Munce 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
ticularly described follows, to-wit
All and singular the line of railroad of the said La
favette Bloomington & Muncie Railway Company,
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 Vermion, 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,
tn be a 10 be Ssswee s' the laid Sns
aforesaid together with all the stations. depot
grounds, rails, fences. bridges. sidings engine
houses, machine-shops buildings, erectons 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 in connection
with its lines of railroad aforesaid; and all it's depot
grounds, yards, sidings turn-outs, sheds machine
shops easehold righs and other terminal facilities
them 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 an 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, as well as of any
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 or 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
thousand dollars from any bidder who shall not
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 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
in tD frst MOI
coupons Of said Lafayette. Bloomington & Munce
hallway Company
The balance of the purchase price not required to
be paid in cash 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 Lafsy-
cite, Bloomington & Munce Railway Company of the
issue of May l. 1879 at sucE 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-
vded for in 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.
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 & Western Railway Company
bearing date Aug. 15 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
sued by the Lake Erie 81 Western Railway Company
to the amount of 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
Erie u 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,
in the State of Indiana to Muncie in the last named
county in Indiana including the branch line from ST.
Marys to Minister county Ohio being about
one hundred and sxty-fve miles in length together
with all and singular the rights of way roadbed made
terminal points aforesaid, together with all
stations, depot grounds rails fences, bridges,
sldings. engine:houses, maehne-shops, build
which might thereafter appertan unto the said de-
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 in connection with its line of railroad afore-
said. and all its depot grounds yards sdings turn
outs, sheds, machineshops, leasehold 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 rnortgaged 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 trustee
under the income mortgage covering said property
we'll OF any and all persons represented by any of
said several parties of in and to the said ortgaged
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 a less than five hundred thousand dol
lars from any bidder who shall have deposited
with me, such Special Master the of fifty |
Thousand dollars pledge that he will make good
mis- 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
20 per cent thereof; and also at the 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 |
proceedings and to pay such claims if any the court
iudo to he