St. Paul daily globe., 1894-08-29
FINANCIAL.


~ 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 Winona d 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 on the 18th day or March a.
ID. 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 & South
Western Railway Com mpany. 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 (sih)
day of September, A. D. 1891. at twelve %
O'Clock noon, at the front door OF the WiDona
County Court House, in the City of w mona,
in the County OF Winnna and Stale of Min
nesota. the following described property. to
wit. the premises property and franchises
described i'll certain mortgage executed by
the Winona u South Western Railway Com
pany 10 the Farmers Loan and Trust Com
pany, and bearing date the second (2d) day
of prll. 4. ID. 1888, to wit:
All the right. title, interest. claim or de-
maud whatsoever which the said The Niuona
d South Western Railway Company, defend
ant herein, had dt the date of said mortgage,
or is entitled to or which it shall or may 1T
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 a 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 souihwesterly 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
not exceeding ten QO) miles in length
from a point on said main line at
or near Fort Dodge to the coal mines i'll 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-
Qured 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 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, erections and fXt-
ures. whether now held or hereafter 81 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. ana Other
rolling stock or equipments. and all
rails, ties, chairs and machinery,
whatsoever. for or i'll 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 10 be ac-
quired by the Winona & South Western Rsil-
way Company, defendant. together with all
the equi ipments or appurtenances whatsoever
thereuuto belonging, whether now held o:
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 MinGna d 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 al!
and singular the endowments. income, aud
advantages, tenements, hered tsments and
appurtenanccs. to the aforementioned rail
road premises or property belonging or in
any wise appertaining. and the reversion
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 hallway. with the appurtenauces.
Under the terms of SAID decree the sails
will be absolute, and there will be no right
OF redemption therefrom.
The terms of sale arc as follows:
That before any person shall be allowed to
bid IL. said sale such person shall pay TO the
undersigned the sum of twenty-five thousand
dollars (S25, GOO. 0U) in United States currency
o. III such certified draft, certificate or CHECK
as may be satisfactory to the undersigned. i'll
u forfeit 10 bind and ooligate such bidder 10
fulfill aud carry out the purchase, if said
property shall be struck off To such bidder.
Said sum so deposited shall De allowed as q
paylueu, on the bid If the bidder becomes the
purchaser, and if not it shall be forthwith.
But il such bidder shall fail Oh
neglect, from any cause, TO carry out and
i've thousand dollars (S25. .0O0.0 .00l SO posted
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 al once pay to the under
signed. on account OF said purchase. the
further sum of Twenty-Five thousand dollars,
{ 5.090), 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 10 time direct. the Court reserving
the right to resell upon the failure of tho
purchaser TO comply within twenty (20i days
with any order of the Court i'll that regard,
and the balance of the purchase price may
be paid either III money or in bonds or ever
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, privileges,
immuni,:es, franchises, lands, and railroad
will te sold together, as one entire property.
at the time and place aforesaid, ana subject
to the tsrms conditions. provisions, seservA.
tons ana exceptions in the said decree spec
ii!ed and mentioned, to which, for greater
certainty, reference is hereby made.
TILDEN Il. SEiMES.
Spec!a. Master IL ChSncefy. =
LAWRENCE. TRuEsDALE & CoEPIs-oS,
Counsel 70: Plaintiff, aiipnea2o.is. &inGesats