The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-07

By virtue of certified copies of DEGREES of the Cir
cult Court Of the United States for the District of In
diana and the Southern District of Illinois, in suit
therein pending wherein Isaac r. Burr is COM
plainant and the Louisville Evansville 81 St Louis
Railway Company and others defendants, orig
ina bill. and the Mercantile Trust Company and Noble
@. Butler trustees, complanants. and the Louis
vile, Evansville 81 st. Louis Railway Company and
others are defendants, crossbl the undersigned,
William p Fishback and frank H. Jones' commissions
appointed by said courts by said decrees VII on
WEDNESDAY, THE 9rH DAY OF JUNE. A.
D., 1856.
at o'clock D. NJ. of said day. offer for sale the
highest bidder at public auction at the west door of
the County Courthouse. in the city of New Albany.
Floyd county State of Indiana the following railway
property, viz.
ALL that certain line of railway beginning at point
at or near the Ohio river opposite the city of Louis
vile Kentucky. and in the city of New Albany. IN the
county of Floyd in the State of Indiana, and run
ming thence westerly through the counties of Floyd
Harrison, Crawford and Dubois, to Hunting
through the county of Dubois and through the
county of Pike to Oakland, or Oakland City. in the
county of Gibson. Indiana, and thence still through
the county of Gibson, by the way of Princeton, to
the Wabash river, and thence by bridge over the
Wabash river erected under due authority of law, to
Mount Carmel in the county of Wabash, and State
of Illinois, and thence through the counties of
Wabash and of Edwards to Albion, in the county of
Edwards, in the State of Illinois, and theLce still
westerly through the county of Wayne by passing
through Fairfield, in said county, and thence
still westerly through the county of Wayne to Mount
Vernon, in the county ct Jefferson, and State of
Illinois, in all distance of about one hundred and
ninety 400 miles, which said property is designated
and described the main line of said Louisville,
Evansville & ST. Louis Railway.
And also. that other line of railway, beginning at
Evansville at the Ohio river in the county of
Vanderburgh in the State of Indiana, and running
thence through the county of Vanderburgh TO Boon
VILE in the county of Warrick. Indiana and thence
to Gentryville in the county of Spencer Indiana and
thence via Huntingburgh. aforesaid to Jasper in the
said county of Dubois, Indiana.
said. to Rockport, upon the Ohio river in said
county of Spencer, Indianawhich said line of rail
way. last above described viz: from Evans
vile to Jasper and from Gentryvle to Rockport, is
known and designated the Evansville division of
said Louisville Evansville & ST Louis railway.
And also all the lands real estate. grants ways and
rights of way licenses and easements of said railway
company upon which the said railway railways are
situate. which connected Herewith, or which
necessary useful convenient for the main
tenance and operation of the said railways whether
owned by said Louisville Evansville & St Louis Rail
way Company March 1, 1882, or thereafter ac-
quired.
And also all the bridges depots, stationhouses en-
gine-houses car-houses, freght-nouses, car or IN
scribed and ali kinds Of machinery and tools whether
held at the date last named at
forwards acquired for use in connection
with said railways together with all locomotives,
engines tenders, passenger freight cars and all
other roling-stook and equipments and all fuel and
material and all other personal property, whether
then held afterwards acquired. for constructing.
repairing or replacing said railways and also all
franchises rights privileges iinmunities, and all
the things in action contracts, claims and demands of
acquired. in connection with relating to
said railways either of them together with all and
singular the tenemens and appurtenances thereto be-
longing all reversions. renanders tolls freights,
incomes rents issues and profits thereof. and also
all the estate right title and interest whatsoever, as
we'll at law in equity of the said railway compa-
MES. and in and to the same.
Excepting however the franchises of the said rail.
way company owned or since acquired by it. re-
lot,V sxs, 10 <hA nf he
way from Mount Vernon from any point upon the
above described main line of railway east from Mount
Vernon to East ST. Louis or any other point upon the
Mississippi river.
Said property above described viii be sold and the
purchaser will take the subject 80 far as the
property described as the Evansville division
is concerned, to mortgage executed by the Ev-
ansville Rockport Eastern Railway Company
to Henry Reis, trustee, securing, the payment OF
Of nine hundred thousand dollars. with
six per cent. interest thereon from
january l. 1886, and also. subject to the payment
of twenty-seven thousand dollars. with six per
cent interest from january l. 1886. being the
amount of coupons taken up by w. T. Hart /. Z.
Burr. j: IL. French, John Goldthwate. w. S. Banch.
ard J. NJ Fetter and A. P. Humphrey trustees. and
subject so far as the property above designated as
the main line of the Louisville, Evansville 81 st.
Louis railway to the payment Of the bonds
and coupons secured by the mortgage and deed of trust
executed by the Louisville New Albany 81 st. Louis
Railway Company to the Mercantile Trust Company
and Noble @. Butler trustees on the first day of June
1881. as adjudged in the DEGREES of said courts.
OF the purchase money, ten thousand dollars Is to
I've paid cash in hand and the balance within ten
days from the day of SALE within such further time
as the court may allow The balance of said bid may
be paid in the bonds coupons issued under and
cured by tt mortgage deed trust executed by the
Louisville, Evansville & st. Louis Railway Company
to the Mercantile Trust Company and Noble c. Butler
trustees on the first day Of March 1882 at the face
or OF pro pro. rata .o,,u value thereof according
bring, provided, that in any event the purchaser
sha at such time times the court may order.
pay in cash enough money to satisfy and discharge
such by said DEGREES of said courts. or
which may be by subsequent orders in said de-
clared payable out of sucH purchase money, before
any distribution is made upon such coupons bonds
The undersigned will also. at the place and
immediately after making the sale as above in obedi
ence to the terms OF the same DEGREES of the
courts in the same cause offer for sale at public
ton to the highest and best bidder the property de-
scrbed above except that portion of ii which is des-
ignated as The Evansville Division. being what is
known as the Main Line of said Louisville, Evansville
& st. Louis Railway.
OF the purchase money, twenty thousand 'ars
shall be paid cash in hand, and the balance lin
the court may allow. For the balance of sad bid
there viii be received in payment the bonds and
coupons issued under and secured by the mortgage
executed by the Louisville, New Albany e.
ST. Louis Railway Company. to the Mercan-
tile Trust Company. of New York. and Noble g. But
er trustees the LIST day Of June 1881 at the face
such property shall bring provided That any event
the purchaser or purchasers shall at such time
times as the court may order, pay in cash enough
money to satisfy and discharge such are by
said DEGREES. may by subsequent orders ia sad
cause be declared by said courts to be payable in cash
of said purchase before any distribution is
to be made upon such coupons or bonds.
Before receiving any bid the purchaser at either of
said sales will be required 20 deposit in cash,
certified check, satisfactory the undersigned. an
amount equal TO the cash payments required under
such sales respectively and bid will be received for
said property under said second sale for less than
seven hundred and fifty thousand dollars.
The following rolling stock will be included In the
first sale. but not in the second. viz: