Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1896-12-10


in any quantity, and of choice quality.
The Occur dA!ene Railway and Naviga ton
Company.
! Notice IS hereby gwen that in pursuance of a de-
cree OF The Circuit Court OF the Untei States tn tie
I Ninth Judicial Circuit ana District OF IDAHO. filed
Dcloter 10, 1890, ii the Constituted Cause No g7
! ~ Equity, wherein Central Trust Company nf Ne,,
| York > Complainant, AMI The Occur Alene Railway
| and Navigation COMPANY ana ohets are Dtfcnrnl-
ants the subscriber Special Master therein yna-
TED, VIII on the eleventh lay OF January, 1897 or the
! day 10 which may adjourn the sale. II e. cloc K
noon At the ticket office OF The Occur iAene Rat
way ana Navigation COMPANY in the ieuat III ,iiI
| COMPANY IN Wallace. IN Shpshune county, d3h1. sell
at putiit auction 10 the highest bidder bidders, all
the property rights Or interests covered by the mort
gage OF said Occur j Aiene Railway and Navigation
| Company To sad Central Trust Company Of New
York dated September !. 1890 and the mortgage Of
! SAID Cpeur d Alene Railway ana Navigation Com
J. panY tn SAID Central Trust Company of New York
tatei September l. 1883 the same being A steamboat
ana railroad route ana line extending from Occur
| ! Aene Ciy. in kuutenai county, Idaho by water
10 MISSION, IN the same county, and by ran from Mis-
| sion to- Lookout, 10 Shoshune county, Idaho on o!
near the boundary line between Idaho ami Montana
with branch extending from Wallace. IN ShuShonr
| county, To Burke ~ the same county. together with
all branches extending from said lines OF railroad
ana all the property appuuenant thereto ana all
steamboats,, harges OF other vessels ana wharveS
| docks ana piers connected with or relating To the
saii line ~ route, AMI all equipment and rolling
stock oi said Occur i'.Nene Raiway aud Navigl-
ton Company, ana all rights powers, privileges and
franchises connected with ami relln. 10 sal Inc ~
route and branches, or the construction. maintenance
| or operation u cot.
The satd properly VIA be suI without valuation,
airTalsmcnt OF Redemption, AMI wit br offered FOR
sale IN the manner following. ttat ,e to say. There
WITH INST be offered tor sale separately the prone y
| "hlch - coveted py saii mortgage dated Scpiemt
1880, as found ana iecreeI sail decree. the
| same being all the line " route 1T ;he defendant
| Occur j Aent hallway ami Navigation Company
! extending from Occur 1'Aenc. Idaho. nv water ,u
Oi MiNS1un and thence Ia an elsterly direction
point on the main line If SAID IalruIt As nov con-
| NlrutteI an ~ near the South Fork IF the Occur
| 4 Aene river distant " miles from Oh Miss on auj
al The branches extending from sad Inc OF Ire a.
anl AZ the property dppuTtenInt thereto. nCiuI ng
| ne branch line OF rnaI eNteniing from Wallace to
burke ana also the steamboats, blrges and othrr
vessels. ana the uharve docks ana piers CONNECTED
with OF relating To- the SAID line OF Route.
| No bid viii be accepted for this property from any
bllier tor less sum than Sltnnn nor from any
bidder VINO shall not place IN the hands OF the Special
| Master or deposit with hH at the time Of making
the bid As pledge mat such hdIer VIII make good
| his bid u accepted nv the Court the ot s. Ntp in
| money certified check.
| There wal hc next offered Tor sale separately
| the property Which is covered by said mortgage
| tatei September l. 1888 but is moi covered n. >a
mortgage dated September /. 1850 as toun4 ANA de-
creed N said decree tbs beng ali the line of
| railroad OF said Occur Aene Railway ana Nayiea-
| ton Company begnnug At said point distant n
| miles from GA Mission. ana extending thcrefrum in
an easteIly direction to the easery emf OF the line Of
railroad OF said Occur Aene Railway and Naviga-
ton Company situated at or near the boundary line
between the States of Idaho ana Montana. ana al OF
near Lookout.
No bid viii be accepted for this property from any
BIDDER for sum less than SlOO0o nor from any BIZ
der who shall not place in the hands of the Special
Master nr deposit with him at the time making the
hi, as pledge that such bidder viii make good his
DID II accepted by the Court the Of $3.50 in mon
ey or certified check.
After having offered SAID properly separately as
above mentioned the Special Master will then ofle
the entire property covered by SAID mortgage dated
September 1880, ana said mortgage dated Septem~
Ter 1883. for sale as one parcel. without valuation
arrraismen or redemption, and if the hi CHEST bid re-
ceVei by the spec al Master tor the shall exceed
the aggregate amount Of the several highest bids for
the two parcels when offered separately, then the
whole will be struck OFF and sold entirety to the
person making such bid for the whole
No bid viii be accepted entirety from any bid
der for sum less than S2Uu,oJo from any bidder
who shall not place in the hands of the SPECIAL Master
or deposit with him n the time Of making the b 4 as
pledge that such bidder will make good his bid il &C
cepted by the Court, the sum of SlooM in money or
certified check
there shall he paid in cash al the time uf sale the ash
deposit OF deposits herenbefore required which will
he received as part OF the purchase price and also at
the same time and from time To time thereafter such
further portions OF the purchase price shall he rat in
cash a. the Court may direct in order meet the
penses ct the suit above mentioned ana the suits CON
Solitated therein, ana 10 pay such claims if any
against the mortgagei property, as the Cour, may
atludge 10 be prior in equity to the said mortgages
The Court reserves the right TO reject any BID ana
10 resell said premises ana property, upon failure OF
purchaser for twenty DAYS 10 comply with any or
der OF the Court requiring payment.
The balance OF the purchase price not required to
be paid IN cash may either he paid in cash or the rur
chaser may satisfy ani make good said balance III his
bid IN whole OF IN part by paying over ana surrender
ing outstanding First Mortgage bonds secured ty
sad mortg age dated September. 1886 ami overdue
coupons arperainlng thereto, or outstanding Cen
era First MOI, gage bonds secured by SAID morgagp
dated September 1883, and overdue coupons amer
in y hpF Pln TAf thar T. u 40
ing received at such price or value shah be eouiy-
aent to the amount that the holders thereof would he
entitled tvfeCeve thereon IN the entire purchase
| price paid in oesh.
The foregoing provisions shall be applicable
whether the sad properties be sold in separate parcels
OF entirety. Il any hid shall b. accented by the
Court and the person making the same Shall tai IN
comply with all the conditions sale and all orders
OF the Court in respect thereto the sum deposited hy
the bidder shall be forfeited ana shall Re anpliaI aS
| the court may direct.
The purchaser az purchasers nj any Parcel AZ ,ajI
sale shall. par of the consideration tor such sale
and in addition 20 the price hid take The rropeYty mr.
chased upon the express condition that he or thev al
his or their assigns approved by the Court will not.
| aiihssaning pay OF and satisfy any ami all claims
filed prior 10 the date o' said decree in said cause OF
either Of the causes consolidated therein in respect OF
the parcel purCh sd bu, Only when and As
| shall allow such CLAIMS and adiuige the same Ia 10
prior in lien To the mortgages furecicsei in sad >
either Of them and shall determine the parcel in re-
specific which such claim shall be payable anj in ac
corianee with the order or orders OF the Court allow
thereto
ami the turChaSern purchasers their approved a.
Signs shall te entitled To appeal from any ANA an t,r
jtrs OF DEGREES OF The Court IN respect To srCh claim,
uT any OF them and shah have all the rights in te>p
Ia such appeals which the Complainant Central rrty>
company of New York would have IN case such m,
reals had been taken ny it,
The court reserves the right to re-ake ami re-sel
sad rturertN IN SaSe ut the failure neglect of m,
purchaser OF purchasers, OF his their assigns ap
rruNei tN the Court ~ aforesaid. eumpiv with an,
orier of The court IN respect tbs payment of ru
lien claims within thirty says after service OF certi
ted cor, VI such or.er uron>uch purchaser OF pur
Chasers, or his or Their assigns,
lTon confirm alton uf such sale or sales AMI raypi.
ton at The purchase by the purchaser or purchasers
>a't purchaser oT purchasers viii re entitled 10 re
CeiNe from the Special Master deed OF deeds pf IN,
property SOLD. AMI ASA, upon request lud exhibitor
ri The Special Master deed To- rex ely. from the k
ssivers having possession OF the property sold gsN
ana sufficient ieets - conveyance ~ evidence al
tTaasieT OF any ana all properly >oi which is yesta
innr sanding IN the name OF sast Receivers ~ ;.
which said Receivers have az any manner at1ujte.
TIE ami also TO receive deed ieeS 81 ASSURANCE
ta be eNe>utej according 10 taw ~ the defend an
Occur iAene Railway ana Nav CATION COMPANY an.
ey the Complainant CentraI TruSg COMPANY u Nev
! York.
for further particulars. ami far unure SPEC he de
seTrtion IT the properly 10 Re sui reference Is hte
tN made To the said decree lie With the Clerk uf IN,
Lourt above mentioned.