Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1895-05-27

FOr or Cne ESUaGo OF L. ~. v an uer 7 o.
Veer, deceased, Henry O. Bachelor = =
and Edward L. Bachelor, suryiv- $"
ing partners of the firm of Bachel-
der Brothers, Bachelor Brothers,
B. M. Read, George Fl. Marshall, G.
l.. Wheeler, John Burns, A. j. Liv-
ingston, D. Livingston, Isaac N.
Stone, Ambrosio Ortiz, Cesaria R.
de Ortiz, Juan B. Lucero, Dolores
o. de Lucero, James B. Orman and
William Crook, CO. partners as Or
man & Crook, Charles H. Glider
sleeve, The Second National Bank
of New Mexico at Santa Fe, and
George G. Preston,
Defendants.
Whereas, in and by the decree of the
enid District Court in the above entitled
cause, rendered on the Sth day of April,
A. d. 1895, and duly entered therein, the
sum of 81 ,l60,233.S3 was found and ad-
judged to be due and payable to the said
complainant, for principal and interest
of the first mortgage bonds issued by the
said The Texas, Santa Fe and Northern
Railroad company, under the provisions
of a certain deed of trust for the security
of the said bonds, made and delivered by
the said Railroad Company to the COM
plainant, and bearing date the 18th day
June, A. D. 1882, and recorded in the of
fee of the probate clerk and e1-officio re-
corder of the said County of Santa Fe, on
the 18th dry of July, A. d. 1882, in Book
G of Mortgage Deeds, at pages sc to 70,
inclusive, whereby the said Railroad
Company conveyed to the said complain
ant, as trustee, all and singular the prop
erty, franchises, rights and subject-mat-
ter, particularly described in the said
deed of trust and in the said decree, in
Gliding all the right, title and interest
which the said Railroad Company, The
Texas, Santa Fe and Northern Railroad
Company, then he'd, or might at any
time thereafter acquire, in or to all and
singular the railroad of the said The
Texas, Santa Fe and Northern Railroad
belonging to, or thereafter to be &C.
quired by, the said Railroad Company,
together with all the lands, tracks, lines,
rails, bridges. ways, buildings, piers,
wharyes, structures, erections, fences,
walls, fixtures, franchises, privileges, and
rights OF uue said Railroad Company and
also all locomotives, engines, tenders,
cars, carriages, tools, machinery, manu-
featured and manufactured materials,
coal, wood and supplies, of every kind,
belonging or appertaining to the said
Railroad Company; also all the tools, in
comes, issues and profits, arising out of
the said property, and all right to receive
and recover the same; also all estate,
right, title and interest Of the said, The
Texas, Santa Fe and Northern Railroad
Com pany in and to any and all real es-
tate belonging to the said company; also
all leasehold lands, with buildings there
on erected; also all piers, bulkheads and
water fronts; also all estate, right, title
and interest of the said Railroad Com
pany in any other corporation; it being
intended thereby to convey to the COM
plainant, under and by virtue of the afore-
said description, all and every right, title
and interest of the said Railroad Com
pany in or to the premises above men
toned or described, whether as lessees, or
as holders of the stock or bonds of any
other corporation, association or organ
ization, or however such interest of the
said Railroad Company may be regarded
in law, or in equity, as subsisting or in
herring in the aforesaid premises, or any
part thereof; it being the true intent and
meaning of the said deed of trust that the
said Railroad Company should, and did,
convey to the said complainant all and
all manner of franchises, of every kind
and scription, however derived, and
wherever situate, all and all manner of
real estate, or interest therein, wherever
such real estate may be situate, and all
and all manner of personal property, of
whatever nature or description the same
might be at the date of the said deed of
trust, owned or possessed By the said Rail
road Company, or which might at any time
thereafter during the continuation of the
said trust, be acquired by the said Rail
road Comp any, and also all chooses in &C.
tion, of every kind and description, in
traffic balances, all books of record and
accounts of every kind and description,
all papers, maps, inventions, and docu-
ments in anywise referring or relating to
the property or franchises thereby con-
veyed; and also all franchises and proper
ty, and all personal rights or interests in
any franchises OF property, Of every kind
Or description, real, personal or mixed,
and wherever the same may be situate,
that might at any time after the date of
the said indenture be acquired by, or for,
the said Railroad Company; all of which
it was thereby covenanted should inure,
by way of accretion, to the benefit and ad-
vantage of the said complainant, as trus-
tee, and by way of further and better Sc
curity:
And, whereas, in and by the said decree,
all and singular the said property, fran
chises, rights, and subjec matter, we're
directed to be sold for the satisfaction of
the said Indebtedness, with interest there
on from the 9Th day of April, A. D. 1896,
at the rate of six per cent per annum, as
we'll as of the costs, allowances and ex-
penses of the said suit, as mentioned in
the said decree, which bonded indebted
ness, with interest thereon as aforesaid,
up to the Sd day of June, A. d. 1895, will
amount to the sum of $1,17O,S74.35.
And, whereas, although upwards of
twenty days have elapsed since the rendi-
tion and entry Of said decree, no payment
whatever has been made of the said prin-
cipal indebtedness, or the interest there
on, or any other sums required by the
said decree to be paid, or any part OF
either thereof, and they all remain due and
payable:
And, whereas, in and by the said decree,
it is, among Other things, ordered, ad-
| Judged and decreed that all the said
premises aud property, real, personal and
mixed, rights and franchises, described in
the said decree as aforesaid wherever
situate, including all and singular the es-
tate, right, title, interest, possession,
liens, claims, aud demands, in law or in
equity, of, or claimed by the defendant,
The Santa Fee Southern Railway Com
pany, of, in, or to the above described
property, SUBJ ect-matter and premises,
or any part thereof, shall by the under
signed Special Master, thereunto appoint.
| ed in and by the enid decrae, be- anld IA