St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-08-23


Division. s
The Farmers Loan & Trust Company, of
New York. a Corporation. plaintiff, against
The Winoua d South Western Railway
Company and The Winona u South West
ern Improvement Company, Defendants.
Notice is hereby given, that under and
pursuant to foreclosure decree dated March
l3th 1894, and filed and entered in the above
entitled action on the 18th day OF March, A.
d. 1894. the undersigned. Special Master in
Chancery, will sell at public auction, to the
highest bidder for 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 (Sth)
day of September, A. D. 1894, at twelve Q!)
O'Clock noon, at the front door OF the Wlnona
County Court House, in the City of Winona,
in the County of Winona and Stale of Min
nesota, the following described property, to
wit the premises. property and franchises
described IN a certain mortgage executed by
the " mona 4 South Western Railway Com
pany 10 the Farmers Loan and Trust Com
pany, and bearing date the second (2d) day
of April. A. u. 1855, to wit:
All the right title, interest. claim or de-
mand whatsoever which the said the Winona
d South Western Railway Company, defend
ant herein. had at the date of said mortgage,
or is entitled to or which 1t shall or may at
any time hereafter ACQUIRE, or become en-
titled to- by amendment of its charter or ar
ticles Of incorporation, or otherwise. OF, in
and to- all and singular, its main line and
branch OF railway described as follows. 10
wit. Commencing in the City of Winona,
i'll the County of Winona, in the State of Mill
neso,a. running thence in O 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 a continued southwesterly dlrec-
ton, by way of Mason City and Fort Dodge
in the State of Iowa, TO point of connection
with the Union Pacific Railway at or near
Council Bluffs, Iowa, and branch
from a 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 branch, and all and singular lands,
tenements, and hereditaments acquired or
appropriated, or which may hereafter be ac-
quired or appropriated, for the purpose of
right OF way for said main line and branch
of railroad. and all the easements and ap-
purtenances thereunto belonging. or in any
wise appertaining, and all railways, ways
and rights of way, depot grounds, tracks,
bridges, viaducts, culverts. fences and other
structures, depots station houses. engine
houses, car houses, freight houses. wood
houses, warehouses, machine shops, work
shops. superstructures, erections and txt-
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
tools, implements, fuels and materials
whatsoever, for or in respect of the con-
structing, operating, repairing, or replacing
said malu 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 &C
quired by the Winona & South Western Rsil-
way Company. defendant. together with all
the equipments or appurtenances whatsoever
thereuuto belonging. whether now held or
hereafter acquired. and all franchies con-
nected with or relating to said main line and
branch of railroad. or the construction, main
tenance, or use thereof, now held or here
after acquired by the mona Il South West.
ern 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
cised by the WiDona q South Western Rail-
way Company, defendant together with all
and singular the endowments, income, and
advantages. tenements, Entertainments and
appurtenances. to the aforementioned rail-
road premises or property belonging or in
any wise appertaining. and 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 In law as 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 railway. with the appurtenances.
Under the terms OF said decree the sale
will be absolute, and there will be no right
of redemption theretrOm.
The terms of sale are as tollowsI
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
Al, Az i'll T,,;fn I
or in such certified draft certificate or check
as may be satisfactory to the undersigned, as
a forfeit to bind and obligate such bidder TO
fulfill and carry out the purchase, if said
property shall be struck off to such bidder.
Said sum so deposited shall be allowed as a
payment OH the bid il the bidder becomes the
purchaser, and if not 1t shall be forthwith.
returned But IL such bidder shall fail or
complete sSid purchase, then the said twenty
five thousand dollars (S25, 000.09) 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,
(Sa5, 000). in United States currency, or In
such certified draft certificate or check as
may be satisfactory TO said Special N aster.
Such further portions Of the purchase
price shall be paid in cash as the court may
from time to time direct. the Court reserving
the right TO resell upon the faiiure or the
purchaser to comply within twenty (2G) days
WITH any order of the Court in that regard
and the ba lance 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 & South Western
Railway Company, upon the terms provided
In the decree.
All of which property. rights, privileges,
immunities, franchises lands and railroad
will be so Id together, as one entire pro perty.
at The time and Mace aforesaid and srbieet
tons ana exceptions in the said decree spec-
flied and mentioned, TO which, for greater
certainty, reference is hereby made.
TILDEN r. SELMES,
Special Master in Chancery.