St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-19
CIRCUIT COURT OF THE UNITED
- States District of Minnesota, Third

~ States, District or Minnesota, Third
Division.
The Farmers Loan & Trust Company, of
New York. Corporation. plaintiff. against
The Winona L. South Western Railway
Company and The Winona d. South West
eru Improvement Company, Defendants.
Notice is hereby given, that under and
pursuant to q foreclosure decree dated March
18th, 1881, and 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 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. ID. 1894 at twelve Q2)
O'Clock noon at the front door OF the Winona
County Court House, in the City of Winona.
in the County of Winona and State of Min
nesota, the following described property to
wit. the premises property and franchises
described in q certain mortgage executed by
the mona 4 South Western Railway Com
pany TO the Farmers Loan and Trust Com
pany, and bearing date the second (2d) day
of April. A. d. 1858, TO wit:
All the right. title, interest. claim or de-
mand whatsoever which the said the Winona
& South Western Railway Company, defend
ant herein, had at the date of said mortgage.
or is entitled to or which it shall or may ct
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. to
wit. Commencing in the City of Winona,
i'll the County of Winona, in the State of Min.
nesoIa 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 a continued southwesterly direc-'
ton, by way of Mason City and Fort Dodge.
in the stale of Iowa. 10 a point of connection
with the Union Pacific Railway at or near
Council Bluffs, Iowa. and branch
not exceeding ten Coy miles in length
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, aud Entertainments acquired or
appropriated, or which may hereafter be ac-
qmred or appropriated, for the purpose of
a right OF way for Sad main line and branch
of railroad. and ali the easements and ap-
purtenances lhereunto belonging. or i'll any
wise appertaining. and hll railways, ways
and rights OF way. depot grounds. tracks,
bridges, yiaducts, cuivertS. fences, aud 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
ali locomotives. tenders, cars. aud other
rolling stock or equipments and l;all
tails, ties, chairs and machinery,
TOOLS implements. fuels and materials
whatsoever, for or il respect Of the con:
structing, operating, repairing, or replacing
said MALI line or branch of railroad. or any
part thereof, or convenient and necessary
for use for the purpose thereof. whether
now held or owned OF hereafter 10 beac-
CURED by the WlIona Il South Western RsiE
way Company, defendant together with all
the equipments or 6ppurtenances whatsoever
thereuuto belonging. whether now held or.
hereafter acquired. and all franchies con-
nected with or relating 10 said main liiie and
branch OF railroad. or the constructlOn,maln-
tenance, or use thereof. now held or here
after acquired by the " mona d South Vest
ern Railway Company. defendant. and all
corporate franchises of any nature, re-
lating thereto including the franchise
TO be q corporation and operate Said
main line and Drauch of railroad, which. ares
now or may hereafter be possessed or eXer-
cised by the Winona & South Western Rail
way Company, defendant, together with all
and singular the endowments, income, and
advantages. tenements, Entertainments and
appurtenances 10 the aforementioned rail
road premises or property belonging or III
any wise appertaining. aud the reverSion
and Teyersions, remainder and remainder$,
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. or III 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 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 ISIS, 0O0.00l. in United States currency,
i,,c id nartif
as may be satisfactory to the undersigned. as
q forfeit 10 bind and obligate such bidder 10
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 If the bidder becomes the
purchaser, and if not it shall be forthwith
returned. But if such bidder shall fail or
neglect from any cause TO carry out and
complete SSio purchase. then the said twenty
five thousand dollars (S25. 00a.0J) 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 OH account of said purchase, the
further sum Of Twenty-Five thousand dollars,
(S?5.0)0). in United States currency. or IN
such certified draft, certificate or check as
may be satisfactory TO said Special Master
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 failure of the
puANhHSSi w SOupAy hiIoiu thGih, Wv ddto
with any order of the Court in that regard,
and the balance of the purchase price may
be paid either i'll money or in bonds or over
due coupons or certificates secured by said
mortgage Of The Winona d. South Western
Railway Company, upon the terms provided
IN the decree.
All of which property, rights, privilege,
immunities. franchises, lands and railroad
will lie sold together, as one entire pro perty
at The time and place aforesaid, and subject
10 the terms. conditions, provisions, reserva-
tons ana exceptions i'll the said decree spec
flied and mentioned. to which, for greater
certainty, reference is hereby made.
TILDEN r. SELMES.
Special Master in Chancery. F.
LAWRENCE. TRUEsDALE u Confusion,
Counsel for Plaintiff Minneapolis. Minnesota.