St. Paul daily globe., 1894-08-16
C1RcU1r COURT OF THE UNITED

i
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 forecl osule decree dated March
18th. 1894, and filed aid entered in the above
d. 1884 the under signed. 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
coupons attached thereto and past due, and
Certficat tes of Indebtedness secured by the
mortgage herein foreclosed, as provided in
said Decree, on Saturday, the eighth (Slh)
O'Clock noon. at the front door Of the Winona
County Court II louise, 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 Winona 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. 1885, to wit:
All the right, title, interest. claim or de-
mand whatsoever which the said the Wjnona
L. South Western Railway Company, defend
ant herein. had at the date Of said mortgage,
or is entitled to or which it 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. to
wit Commencing in the City of Wlnona,
III the County of Winona, in the State of Min
nesota. running thence in 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 principa meridian;
thence in a continued southYesterly direc-
ton, by way OF Mason City and Fort Dodge,
| in the state OF Iowa. 10 point of connection
| with the Union Pacific Railway at or near
Council Bluffs Iowa, and branch
not exceeding ten Q0) miles in length
| from a point on said main line at
i 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 lie ae.
| quired or appropriated, for the purnose OF
q 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 culyerts. fences, and other
| structures. depots station houses, engine
| houses, car houses, freight houses. wood
| houses, warehouses, machine shops, work
| shops superstruetures, 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
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 10 be ac-
| Quired by the Winona & South Western Rail
| way Com pany. defendant together with all
| q
| 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
| teuance, or use thereof. now held or here
| after acquired by the " mona & South West
| ern Railway Company. defendant and al
| corporate franchises of any nature re
! iating thereto including- the franchise
| 10 be 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, hereditaments and
| appurtenances. to the aforementioned rail-
| road premises or property belonging or In
| any wise appertaining. and the FeverSion
| and reversions remainder and remainders,
| tolls. incomes. rents, issues and profits
| thereof; and also all the estate, right, title,
interest, property, possession. claim and de-
mand, whatsoever, as well III law as in
4
| 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 appurtenances.
| Under the terms of said decree the sale
! will be absolute, and there will be no right
| of redemption lherefrom.
| The terms OF sale are as follows:
( That before any person shalt be allowed to
| bid al said sale such pers on shall pay TO the
undersigned the sum of twenty-five thousa I'D
/ dollars (S25, ,00000),i in United States currency,
or III such certified draft, certificate or check
| as may be satisfactory to the undersigned as
| a forfeit TO bind and obligate such bidder 10
| fulfill and carry out the purch ase, if said
property shall be struck off to such bidder.
| Said sum so deposited shall be allowed as a.
| payment on the bid if the bidder becomes thel
! 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 purch ase. then the said twenty
five thousand dollars (S25. 000.0J) 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 20 the under
| signed. on account OF said purchase. the
further sum of Twenty-Five thousand dollars.
| (S25020), 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 courI may
| from time to time direct. the Court reserying
| the right to resell upon the failure of the
!! purchaser to comply within twenty coy 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 4 South Western
Railway Company, upon the terms provided
| In the decree.
| All OF which property. rights, privileges,
| immunities, franchises, lands and railroad
will be sold together, as one entire pro ,ierty.
al the time and place aforesaid, and subject
| to the terms. conditions, provisions, reserva-
tons ana exceptions III the sald decree spec
| ited aud mentioned. to which, for greater
| certainty, reference is hereby made.
| TILDEN X. SELMES
Special Master in Chancery.
LAWRENCE. TEUEsDALE * CoERIsToN
| Counsel for Plaintiff, Minneapolis, Minnesot