The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-10-29

Notce is hereby given that by virtue of decree of
district of Indiana, entered on 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 virtue. of like decree of sale of the
the Northern district of Ohio, Western division,
entered 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 Comaany of New York against the Lake Erie
g. Western Railway Company ct al. and consolidated
causes, 1. John A. Henry. Special Master, duly ap-
will. on
SATURDAY, THE THIRTEENTH DAY OF NO.
vEMBER 1886,
AT the courthouse, in the city of Muncie in the
county of Delaware in the State of Indiana between
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 Muncie,
Ind, and Bloomington ILL.,, and appurtenances, en-
braced in the first mortgage made by the
Lafayette, Bloomington g Muncie Railway
Company, bearing date May l., 1879. to
the complainant the Central Trust Company, of
New York. in trust, to the payment of the
principal and interest of the first mortgage bonds of
like date issued by the said Lafayette Bloomington 81
Muncie Railway Company. to the amount of two
million i've hundred thousand dollars and all prop
erty rights and interests conveyed thereby upon
which said mortgage is lien the said railroad and
tcularly described as follows, towit:
All and singular the line Of railroad of the said La
fayette, 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 Vernillion 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
to be laid, between the terminal points
aforesaid, together with all the stations. depot
grounds, rails fences. bridges. sidlngs, engine
houses, machine-shops, buildings erections IN any
way then appertaining 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 in connection
with its lines of railroad aforesaid and all its depot
grounds, yards, sdings, turn-outs sheds. machine
shops lease-hold rights and other terminal facilities
then which might thereafter be owned by the said
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 entirety, without appraisement re-
demptop and notn separate pa7ces and also free and
discharged from oil equity of redemption of the parties
defendant named III said decree and the Central Trust
Company. of New York trustee under the income
mortgage covering said property well as of any
and ali persons represented by any and all of said par
ties Of in and to the said ortgaged premises prop
erty, RIGHTS and franchises, and part thereof
describ 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, nor 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 f-opeerty shall be sold
there shall be paid in cash at the tins of the sale ten
per cent. thereof and also at the time, 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 q Muncie
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 the outstanding first
mortgage bonds and overdue coupons OF said Dafay
cite, Bloomington e. Muncie Railway Company of the
issue Of May l. 1879 at such price value shall
be equivalent to the that the holders thereof
would be entitled to receive thereon in the entire
purchase price Were 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 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 sole
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 Munce, Ind and Fremont. O., and ap.
pun tenances to the Central Trust Company of New
York in trust to the payment Of principal and
interest of the first mortgage bonds OK like date is
sued by the Lake Erie a. 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 q
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 & Western Railway Company, as the same then
Fremont, Sandusky county, Ohio, through =, the
counties of Sandusky, Seneca Hancock Allen,
Auglaize and Mercer, in the State of Ohio snd
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 in Ohio being about
one hundred and sxty.fve miles in length together
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 al
| stations, depot grounds, rails, fences, bridges
sidings. engine-houses, machine-shops, build
| ings, erections in any way then appertaining
or which might thereafter apperain unto the said de
scribed line of railroad together with all the engines
cars, machinery, supplies tools and fixtures then OF
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
outs, sheds machne-shops, lease-hold rights anC
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 apprasemen
redemption and not in separate parcels; and also
free and discharged from all equity of redemption oil
the parties defendant named in the said DEGREES and
| Central Trust Company of New York trustee
under the income mortgage covering said property,
| we'll of any and all persons represented by any
Sid several parties Of in and to the said morgaged
| 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. as such Special Master, the 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 same time OF
from time to time thereafter such further portion
| said purchase price as the court may direct
! in order to meet the expenses of said
proceedings and pay such claims if any, as the court
may adiudge to be prior in equity said first mortgage
bonds of said Lake Erie 81 Western Railway COMPANY
of the issue of Aug IS 1879 TIE balance of said pur
| 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 his bid in whole or
| part by paying the outstanding first mortgage
bonds overdue coupons of said Lake Erie e. West
| ern Railway Company of its issue of Aug. IS, 1879
at such price value as shall be equivalent to tn,
amount thgt the holders thereof would DO entitled
receive thereon in the entire purchase price
paid in cash and in the provided in said de
| cree.
The court reserves the right to reject any bid ant
also to reake and resell said premises and property