St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-26


Division.
The Farmers Loan & Trust Company, of
New York. a Corporation. plaintiff. against
The Winona & South Western Railway
Company and The Winona d South West
ern improvement Company, Defendants.
Notice. is hereby given, that under ana
pursuant to foreclosure decree dated aarch
18th, 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. 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 in
said Decree, on Saturday, the eighth tslh}
day of September, A. D. 1891, 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 i'll a certain mortgage executed by
the Winona & South Western Railway Com
pRny 10 the Farmers Loan and Trust Com
pany, and bearing date the second (2d) day
of April. A. u. 1883, to wit:
All the night, 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 II shall or may at
any time hereafter acoui-e, 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.
in the County of Winona, in the State Of Min
nesoia. running thence in 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 d1Iec-
ton, by way of Mason City and Fort Dodge.
in the Stale of Iowa 10 q point of connection
with the Union Pacific Railway at or near
Council Bluffs. Iowa, and branch
from point on said main line at
or near Fort Dodge to the coal mines in that
vicinity including all and singular It's cor
porate franchises pertaining to SAID, main
tenements, and Entertainments acquired or
appropriated, or which may hereafter be &C
CURED 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, aud other
structures. depots. station houses, engine
houses, car houses, freight houses. wood
houses, warehouses, machine shops, WORK
shops. superstructures, erections and fXt-
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. aud other
rolling stock or equipments. and all
rails, ties chairs and machinery,
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
quired by the Winona d South Western Reil-
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 aud
branch of railroad, or the constructions main
tenance, or use thereof. now held or here
after acquired by the Winona 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
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. hereotaments and
appurtenances. to the above mentioned 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 i'll 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 therefrom.
The terms of sale are as follows:
That before any person shall be allowed to
bid at said sale such person shall pay to the
undersigned the sum of twenty-five thousand
dollars (S25, 0.O0], in United States currency,
or i'll such certified draft, certificate or check
as may be satisfactory to the undersigned as
forfeit to bind and obligate such bidder TO
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 OH the bid il 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 sSid purchase. then the said twenty
five thousand dollars (S25. 0e0.0J) 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. on account of said purchase. the
further sum of Twenty-Five thousand dollars,
ISIS, 900, in United States currency, or IN
such certified draft certificate or check ms
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 reseyving
the right to resell upon the failure or the
purchaser to comply within twenty (!Ol 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 * South Western
Railway Company, upon the terms provided
IN the decree.
All of which property, rights, privileges.
immunities, franchises, lands and railroad
will he sold together. as one entire pro ycrty.
| at the time aud place aforesaid. and subject
to the terms. conditions, provisions. rcserva-
tons ana exceptions in the said decree spec
itied and mentioned. 10 which, for greater
certainty, reference il hereby made.
TiLDEN X. SELMES
Special Master i'll Chancery.
LAWRENCE. TRUEsDALE Il CuHRIsToN
Counsel for Plaintiff Miilnea nnIiS hinuesn.n.