The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-06-08

virtue Certned DEGREES o
cult Court of the United States for the District of In
diana and the Southern District of Illinois, in a suit
therein pending wherein Isaac T. Burr is COM
plainant and the Louisville Evansville & st. Louis
Railway Company and others defendants, orig
ina BILL and the Mercantile Trust Company and Noble
G. Butler trustees. compliments. and the Louis
vile, Evansville & st. Louis Railway Company and
others defendants; cross-bil the undersigned
William p Fishback and Frank III. Jones, commission
appointed by said courts by said DEGREES WILL
WEDNESDAY. THE 9TH DAY OF JUNE. A
D.. 1886.
at o'clock D. m OF said day. offer for sale TO the
highest bidder 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 the Ohio river opposite the city of Louis
county of Floyd in the State of Indiana and
ming thence westerly through the counties of Floyd
Harrison, Crawford and Dubois, to or near Hunting
burgh in the county of Dubois, and thence still
through the county of Dubois, and through the
county of Pike to Oakland or Oakland City, in the
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 thence still
westerly through the county of Wayne, by passing
through or near Fairfield. in said county and thence
still westerly through the county of Wayne to Mount
Vernon, in the county of Jefferson, and State of
Illinois; in all distance of about one hundred and
ninety Q90) 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 or near the Ohio river in the county of
yanderburgh, In the State of Indiana, and running
thence through the county of Vanderburgh to Boon
vile, in the county of Wsrrck. Indiana, and thence
to Gentryve in the county of Spencer Indiana; and
thence via Huntngburgh aforesaid to Jasper in the
said county of Dubois Indiana.
And also, running from said Countrywide, afore-
said to Rockport upon the Ohio river, in said
county of Spencer, Indiana-which said line of rail
way last above described viz: from Evans
vile to Jasper and from Gentryve to Rockport, is
known and DESIGNATED as tbe Eyansville division of
said Louisville, Evansville 81 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 are connected herewith, or which
are necessary, useful convenient for the main
tenance and operation of the said railways whether
owned by said Louisville, Evansville & ST. Louis Rail
way Company on March. l, 1882, or thereafter &C
qured.
And also all the bridges depots, station-houses
ginehouses, car-houses. freght-houses, car
chine shops appertaining to the railways above de-
scribed and all kinds of machinery and TOOLS whether
held at the date last named or af-
forwards acquired for use in connection
with said railways together with all locomotives,
engines, tenders passenger or freight cars and all
other rolling and equipments and all fuel and
material. and all other personal property, whether
then held afterwards acquired, for constructing.
repairing replacing said railways; and also all
franchises rights, privileges, immunities, and all
the things in action contracts claims and demands of
the said railway companies, owned or afterwards
acquired in connection with relating to
said railways either of them together with all and
singular the tenements and appurtenances thereto be-
longing ano all reversons renanders tolls freights,
incomes, rents issues and profits thereof, and also
all the estate right title and interest whatsoever
well at law in equity of the said railway compa
MES. and in and to the same.
Excepting however, the franchises of the said rail
hrs
lating and appertanng to the extension of the rail-
way from Mount Vernon or from any point upon the
above described main line of railway east from Mount
Vernon to East ST. Louis any other point upon the
Mississippi river.
Said property above described will be sold, and the
purchaser win take the subject so far as the
property described as the Evansville division
is concerned, to mortgage executed by the Ev-
ansville, Rockport & Eastern Railway Company
Henry rg Ge securing the of
six per cent. interest thereon from
Of twenty thousand dollars, with it'll six per
cent. interest from January /. 1886 being the
amount Of coupons taken up by w = Hart; 7.
ard J. M. Fetter and A. P Humphrey, trustees, and
subject. far as the property above designated
the main line. of the Louisville Evansville & st.
Louis railway concerned the payment of the bonds
and coupons secured by the mortgage and deed of trust
executed by the Louisville, New Albany & st. Louis
Railway Company to the Mercantile Trust Company
1881 adjudged in the DEGREES of said courts.
Of the purchase money, ten thousand dollars Is to
be paid cash in hand. and the balance within ten
days from the day of SALE within such further time
the court may allow. The balance of said bid may
be paid in the bonds coupons issued under and
cured by the mortgage decd of trust by the
the Mercantile Trust Company and Noble c. Butler
trustees, the first day of March, 1882 at the face
rata on. value thereof according
bring provided that in any event the purchaser
shall at such time times as the court may order
pay in cash enough money to satisfy and discharge
such sums 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 or bonds.
The undersigned will, also, at the same place and
immediately after making the sale above in obedi-
to the terms of the DEGREES of the same
courts in the same cause offer for sale at public
ton to the highest and best bidder the property de-
scribsd above except that portion of it which is des
gnated The Evansville Division being what is
known the Main Line of said Louisville. Evansville
81 st. Louis Railway,
OF the purchase money twenty thousand dollars
shall be paid cash in hand and the balance within
ten days from the day of sale, within such time
the court may allow. For the balance of said bid
there will be received in payment the bonds and
coupons issued under and secured by the mortgage
executed by the Louisville New Albany &
tile Trust Company. of New York and Noble c. But
er trustees the LIST day of June 1881 the face
or pro rata value thereof according to the amount
property proVlu6u unaU IN any event.
the purchaser purchasers shall at such time or
times the court may order, pay in cash enough
money to satisfy and discharge such sums are by
said decrees may by subsequent orders in said
be declared by said courts to DO payable in cash
out of said purchasemoney 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 deposit in cash. or
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.