St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-08-09
CIRCUIT COURT OF THE UNITED
- States, District of Minnesota, Third

~ States, District of Minnesota Third
Division.
The Farmers Loan & Trust Company, Of
New YORK. Corporation. plaintiff. against
The Winona d South Western Railway
Company and The WinoEa South West
ern improvement Company, Defendants.
Notice is hereby given, that under and
pursuant to foreclosure decree dated March
18th, 1894, aid filed and entered in the above
entitled action Oh the 10Th 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 Winoua d 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 i'll
said Decree, on Saturday, the eighth (eth)
day OF September a. d. 1872, at twelve %
O'Clock noon, at the front door OF the Winona
County Court House, in the City of Winona,
in the County of Winnna and State of Min
nesota. the following described property, TO
wit the premises, property and franchises
described i'll certain mortgage executed by
the mona IL South Western Railway Com
pany TO the Farmers Loan and Trust Com
pany and bearing date the second C2d) day
of April. a. d. 1855, TO wit:
All the right. title. interest. claim or de-
mand whatsoever which the said The Winona
d South " estern Railway Company, defend
ant herein, had at the date OF said mortgage,
or is entitled to or which it shall or may ct
titled 10, 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 Ninona
III the County OF Rinona, in the State OF Min
uesota. running thence IL 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 sOu;hwesterly direc-
ton, by way OF Mason City and Fort Dodge.
in the stale of Iowa. 10 & point Of connection
with the Union Pacific Railway at or near
Council Bluffs, Iowa, and branch
not exceeding ten C0J miles in length
from q point on said main line at
or near Fort Dodge to the coal mines in that
vicinity. including ell and singular Its cor
porate franchises pertaining 10 said main
line and branch, and all and singular lands,
tenements, and hereditamenis acquired or
appropriated, or which may hereafter lie ac-
CURED or appropriated, for the purpose of
Il right OF way for said main line and branch
of railroad. and all the easements and aD-
purteuarces thereunto belonging. or in any
wise appertaining. and oil railways, ways
and rights of way. depot grounds, tracks,
bridges, yiaducts, culYertS. fences. and other
structures. depots. station houses, engine
houses, car houses, freight houses. wood
| houses, warehouses, machiue shops, work
| shops. SuperStructureS, erecuOns and mkt
ures. whether now held or hereafter al any
| time acquired for the use OF said main line
u.
| Herewith, or the business thereof: also
all locomotives tenders cars. AID other
rolling stock or equipments, ana al
! rails, ties, chairs and machinery,
| tools, implements, fuels and materials
! whatsoever, for or il respect of the con
| strucung, operating, repairing, or replacing
| said MALI line or branch of railroad. or any
| part thereof, or convenient ana necessary
| for use for the purpose thereof, whether
| now held or owned or hereafter to be &C.
quired by the Wlnona & South Western Rsil
J way Company. defendant. together with al
! the equipments or appurtenances whatsoever
| thereuuto belonging. whether now held OF
! hereafter acquired. and all franchies con-
| nected with or relating 10 said main line and
| branch OF railroad. or The construction, uain-
| tenGnce. or use thereof now held or here
| after acquired by the Ninona & South West
ern Railway Company. defendant and all
| lating thereto including the franchise
! 10 be a corporation and operate said
main line and branch OF railroad which are
row or may hereafter be possessed or exer-
cised by the Winona Il South Western Rail-
way Company, defendant, together with all
| and singular the endovments, income, and
| advantages. tenements, hereditaments and
! appurtenaDces to the aforementioned rail-
road premises or property belonging or IN
any wise appertalDlng. and the reYerSlOn
] and reyersions, 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 Ill law as IN
| equity. present or prospective, OF the Wi
! mona and South Western Railway Com pany,
| defendant. OF, il and 10 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 therefrom.
| The terms of sale are as follows:
! That before any person shall be allowed 10
I ~ Ia rrhr hol
| undersigned the sum OF twenty-five thousand
! dollars (S25 C0OGu),i in United States currency,
/ or in such certified draft, certificate or check
| rs may be satisfactory to the undersigned, as
! n forfeit 10 bind and obligate such bidder 10
| fulfill and carry out the purchase, If said
| property shall be struck of 10 such bidder.
| Said sum so deposited shall he allowed as a
| payment on The bid if the bidder becomes the
| purchaser, and If not 1t snail! be forthwith
| returned. But if such bidder shall fail OF
| neglect from any cause, 10 carry out and
! complete SSia purchase. then the salu twenty
| five thousand dollars (S25,O0J.0J) so deposited
| shall be forfeited 10 ana become the property
/ of the receiver herein, as such receiver.
| The purchaser. when the property is struck
! down to him. shall ~ once pay 10 the under
| signed. on account Of said purchase, the
| further sum of Twenty-Five thousand dollars,
! : "a. fjpl. in United States currency. or IN
! such certified draft certificate or check as
| may be satisfactory 10 said Special Master.
| Such further portions OF the purchase
| price shall be paid i'll cash as the court mAy
| from time 10 time direct. the Court reserving
/ the right to resell upon the failure Of the
| purchaser to comply within twenty CD days
| win any order of the Court IN THAI 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 Wiuona X South Western
Railway Company, upon the terms provided
! III the decree.
! All OF which property, rights, privileges.
! immunities. franchises, lands and railroad
! at The time and place aforesaid. and subject
| 10 the terms. conditions, provisions, reserya-
lions ana exceptions III the said decree spec
! iIied aud mentioned. 10 which for greater
certainty, reference is hereby made.
TiLDEN Il. SELMES,
Special Master in ChHncery.
LAWRENCE. TRUESDALE u CoIRIsToN.
Counsel for Plaintiff, Minneapolis, &iunesot