Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1896-12-24
The Occur dA,ene Railway and Navigation
Company.

Notice is hereby given that in pursuance of a de-
cree ut The Circuit Soug ~ the lnte3 States for the
Ninth Juiojai Circuit and District Of Idaho, filed
October 10, 1896, in the Consolidated Cause No. 81.
in Equity, wherein Central Irus, Company 81 New
York IS Complain ant, and The Occur Alene Railway
ana Navigation Company and others are Defend
ants The subscriber Special Master therein desgna-
ted " II on the eleventh day of January. 1897. the
DAY to which may adjourn the sale. at o'clock
nuon At the ticket office ut The Occur dAene kail-
way and Navigation Company in the depot OF said
Company in Wallace, in Shoshone county Idaho. sell
at public auction TO the highest bidder OF bidders, all
the property rights interests covered by the mort
gage nj said Occur d Aene Railway and Navigation
Company to said Central Trust Company Of New
York dated September 1880 and the mortgage Of
said Occur q Alene Runway and Navigation Com
pany To said Central Trust Company of New York
dated September /, 1888. the same being steamboat
and railroad route ana line. extending from Occur
1 Alene City, in kooenai county, Idaho. by water
to Mission in the same county, and by rail from Mis-
sion To Lookout, in Shoshone county Idaho. on or
near the boundary line between Idaho and Montana
with branch extending from Wallace. in Shoshone
county, To Burke, in the same county, together with
all branches extending from said lines Of railroad
and all the property appur'enant thereto ana all
steamboats,, barges or other vessels. and wharves.
docks ami piers connected with or relating to the
said line or route. and all equipment and rolling
stock OF said Occur d'Alene Railway and Navga-
ton Company. and all rights powers. privileges and
franchises connected with and relating TO said lire
operation thereof
The said property will be sold without valuation.
sale in the manner following. that is to say: There
will first be offered for sale separately the property
which is covered by said mortgage dated September
l. 1886 as found and decreei in said decree, the
same being all the line or route of the defendant
Occur dAene Railway and Navigation Company.
extending from Occur i'Aene, Idaho, by water to
Ola Mission and thence in easteTly direction to q
pon, on the main line of said railroad as now con-
siructed on near the South Fork OF the Occur
iAlene river distant ~ miles from Ola Mission. and
all the branches extending from said line OF railroad.
lar 4 al he thereto Including
| the branch line OF road extending from Wallace Ia
Burke. and also the steamboats,, barges and othe:
vessels and the wharves, docks and piers connected
with or relating to the said line or route.
No bid will be accepted for this property from anv
| bidder for less sum than $lU,uO. nor from any
bidder who shall not place in the hands of the Special
Master or deposit with him at the time Of making
the bid as pledge that such bidder will make good
his bid accepted by the Court the sum Of s. OO IN
| money certified check.
| There will be next offered for sale separated,
the property which is covered by said mortgages
| dated September L. 1888. but Is not covered by saie
mortgage dated September |. 1885, as found and de
creed in said decree. the being all the line O
railroad OF said Occur d Alene Railway and Naviga
ton Company, beginning at said point distant 3
miles from OLD Mission and extending therefTom II
an eastery direction To the eastery end OF the line
| railroad of said Occur d Alene Railway and Naviga
ton Company, situated at near the boundary lin
between the States OF Idaho ana montana, ana n o
near Lookout
| No bid will be accepted for this property from an,
bidder for a sum less than $4,000. nor from any bid
|
Master deposit with him at the time Of making tn
bid as pledge that such bidder will make good hi
bid If accepted by the Court the sum Of 5000 in mon
| ey or certified check.
| After having offered said property separately a
above mentioned, the Special Master will then offe
the entire property covered by said mortgage date
September |, 1886, and said mortgage dated Septem
her 1885, for sale as parcel, without valuation
apprasment redemption and II the highest bid re
ceivel by the Special Master for the same shall excee
The aggregate am cunt OF the several highest bids II
| tha t\vn
whole will be struck off and sold anentirety TO tn
person making such bid for the whole
No bid will he accepted as an entirety from any bid
der for sum less than $200.000 nor from any bidds
who shall not place in the hands Of the Special Masts
or deposit with him at the time of making the bid as
pledge that such bidder will make good his bid II a
copied by the Court, the sum of $1,000 In money
certified check.
| OF the price for which said property shall be soil
there shall be paid in cash at the time of sale the
deposit or deposits hereinhefore required, which vi
be received part of the purchase price, and also
the same time, and from time 10 time thereafter sue
further portions of the purchase price shall be paid
cash as the Court may direct in order to meet the
penses of the suit above mentioned and the suits col
solidaed therein. and to pay such claims, II an
| against the mortgaged property, as the Court ms
adudge to be prior in equity TO the said mortgage
The Court reserves the right TO reject any bid. al
to resell said premises and property. upon failure
any purchaser for twenty days to comply with any
der Of the Court requiring payment.
The balance of the purchase price not required
be paid in cash may either be paid in cash. the pu
chaser may satisfy and make good said balance Of
bid in whole or in part by paying over and Surrende
| ing Outstanding First Mortgage bonds secured
said mortgage dated September /, 1886. and overd
coupons appertaining thereto. or outstanding lie
eral First Mortgage bonds secured by said mortga
dated September 1888. and overdue coupons apps
tanning Their to. or either said bonds and coupons
I ing received at such price value shall be equ
aent to the amount that the holders thereof would
entitled to receive thereon in the entire purcha
| price were paid in cesh.
The foregoing provisions shall be applicab
whether the said properties be sold In seperate pare
or as an entirety. If any bid shall be accepted BY
Court and the person making the same shall fail
| comply with all the conditions of sale and all ordt
of the Court in respect thereto. the sum deposited
the bidder shall be forfeited. and shall be applied
| the court may direct.
| The purchaser or purchasers Of any parcel at 81
sale SHALL part of the consideration for such Sa
ami in addition TO the price bid take the property p,
chased upon the express condition that he or they.
his their assigns approved by the Court. will NJ
: | withdrawing pay oft and satisfy any and all clai
filed prior TO the date of said decree In said cause
either of the consolidated therein, in respec,
the parcel SO purchased but only when andaS suchcO
II shall allow such claims and adjudge the same TO
prior in lien To the rgages foreclosed In said 5,
y or either OF them, and shall determine the parcel In
, spect to which such claim shall be payable, and In
cordance with the order or orders Of the Court allo
| nu S,rb RI aims and adiuioiu with raSCect there