St. Paul daily globe., 1894-08-02

~ States, District of Minnesota, Third
Division.
The Farmers Loan G. Trust Company, of
New York. a Corporation. plaintiff. against
The Winoua d. South Western Railway
Company and The Winona South West
ern Improvement Company. Defendants.
Notice is hereby given, that under and
pursuant to a foreclosure decree dated March
18th 1894, aid filed and entered i'll The above
entitled action Oh the 18th day OF March, A.
d. 1874, the undersigned. special Master III
sChancery will sell at public auction. to the
highest bidderfor cash, or for cash and FIRST
Mortgage Bonds of the Winona & South
Western Railway Company, with The interest
coupons attached thereto and past due, and
Certificates OF Indebtedness secured by the
mortgage herein foreclosed. as provided in
said Decree, on Saturday, the eighth (oih(
| day of September, A. ID. le9L at twelve III
! O'Clock noon, at the front door OF the Wlnona
| County Court House, Ill the City OF Nlnona,
! in the County of Winona and State OF Mill
| nesota, the following described property. TO
| wit the premises, property and franchises
| described i'll a certain mortgage executed by
| the Winona Il South Western Railway Com
| pany to the Farmers Loan and Trust Com
| pany, and bearing date the second (2d) day
! of April. a. ID. 1855, to wit:
All the right, title. interest. claim or de-
! Inand whatsoever which the said The Winona
| d South Western Railway Company, defend
/ ant herein. had at the date CT SAID mortgage.
| or is entitled to or which it shall or may at
1 auy time hereafter acoui-e, or become en-
| titled to-. by amendment of its cnarler or ar
| tieles of Incorporation. or otherwise. or, IN
| and to, all and singular its main line and
| branch of railway described as follows, to
! wit Commencing in the City of Winona,
| i'll the County of Winona, in the State of Min
| nesota. running thence i'll general south
| westerly direction TO the north boundary
line of the State of Iowa east of range four
| teen and west of the fifth principal meridian;
| thence in continued southwesterly dlrec-
| ton, by way OF Mason City and Fort Dodge.
in the stale of Iowa, TO point of connection
| with the Union Pacific Railway at or near
Council Bluffs Iowa, and a branch
not exceeding ten QO) miles in. length
| from point on said main line at
| or near Fort Dodge to the coal mines in that
! vicinity. including all and singular Its cor
porate franchises pertaining to said main
| line and branrh. and all and singular lands,
tenements. and hereditaments acquired or
| appropriated, or which may hereafter lie ae-
| quired or appropriated, for the purnose of
u right of way for said main line and branch
of railroad. and al the easements and ap-
purtenances thereunto belonging. or i'll any
| wise appertaining. and Sll railways, ways
and rights of way. depot grounds. tracks.
bridges, viaductS. cuiverts. fences, and other
structures. depotS. station houses. engine
houses, car houses, freight houses. wood
houses, warehouses, machine shops, work
shops. superstructures ereetons and hxt-
ures. whether now held or hereafter at any
time acquired for the use OF said main line
and branch of railroad. or in connection
| Herewith. or the business thereof: also
all locomotives. tenders, cars and other
rolling stock or equipments, and all
rails ties, chairs and machinery,
tools, implements, fuels and materials
| whatsoever. for or in respect OF the con-
! structing, operating, repairing, or replacing
said malt line or branch of railroad. or any
part thereof, or convenient and necessary
for use for the purpose thereof, whether
now held or owned or hereafter to be ac-
quired by the Wlnona d South Western Rail-
! way Company. defendant together with all
| the equipments or appIrtenanceS whatsoever
thereuuto belonging. whether now held or
hereafter acquired. and all franchies con-
nected with or relating 10 said main line and
branch of railroad. or the construction, main
tenance, or Use thereof. now held or here
after acquired by the Winona d South West
erp Railway Company. defendant and all
corporate franchises of any nature re-
lating thereto including the franchise
TO be a corporation and operate said
main line and branch OF railroad, which are
now Ur may hereafter be possessed or exer-
=. cised by the Winoua d South Western Rail
way Company, defendant, together with all
and singular the endowmentS, 1ucome, and
advantages. tenements, heredttaments aud
appurtenances to the aforementioned rail-
road premises or property belonging or in
| any wise appertaining. aud the reyersion
and reversions, remainder and remainders,
| tolls. incomes. rents. issues and profits
thereof; and also ali the estate, right, title,
interest, property, possession. claim and de-
mand, whatsoever. as well III law Us in
equity. present or prospective, OF the Wi
mona and South Western Railway Company,
defendant, OF, in and TO the same and every
part and parcel OF said main line and branch
OF hallway. with the appurtenances.
| Under the terms of said decree the sale
will be absolute, and there will be no right
of redemption therefrom.
The terms of sale are as follows:
That before any person shalt be allowed to
bid at said sale such person shall pay to the
undersigned the sum of twenty-five Thousand
dollars (S25, 100000. in United States currency,
& or in such certified draft, certificate or check
l q c bp n tiSf0pfOry n the uS
| a forfeit to bind and obligate such bidder 10
| fulfill and carry out the purchase, il said
| property shall be struck off to such bidder.
| Said sum so deposited shall be allowed as a
payment on the bid if the bidder becomes the
purchaser, and if not it shall be forthwith
returned. But II such bidder shall fail or
neglect, from any cause TO carry out and
complete sSid purchase. then the said twenty
five thousand dollars (S25, ,00O.00) so deposited
shall be forfeited to and become the property
of the receiver herein, as such receiver.
The purchaser, when the property is struck
! down to him, shall at once pay to the under
signed. on account of said purchase, the
further sum of twenty-five thousand dollars,
| (S25.000) in United States currency. or IN
such certified draft certificate or check as
may be satisfactory 10 said Special NJ asier.
| Such further portions of the purchase
| price shallbe paid in Cash as the courI may
from time to time direct. the Court reserving
the right to resell upon the failure of the
purchaser to comply within twenty (20l days
with any order of the Court in that regard
| and the balance Of the purchase price may
be paid either in money or in bonds or over
due coupons or certificates secured by said
+ mortgage of the Winona 4 South Western
Railway Company, upon the terms provided
In the decree
All of which property, rights, privileges,
immunities, franchises, lands and railroad
viii be sold together, as one entire pro ,,erty
at the time and place aforesaid and subject
to the terms. conditions. provisions, reserva-
tions ana exceptions in the said decree spec.
ified and mentioned. to which, for greater
certainty, reference is hereby made
TILDEN r. SELMES,
| Special Master in Chaueery.
LAWRENCE. TRUEsDALE tS GoRRIsToN.
Counsel for Plaintiff, Minneapolis, Minuesot