Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1896-12-31
ihe Occur d'AeEe Railway and Navigatios
Company.

Notice IS hereby given that in pursuance of a de-
NgeS ne circuit Court OF the United States for the
Nhlh JUDICIAL Circuit ana District Of Idaho filed
October 10, 1890. in the Consolidated Cause No. g.
:" L4u. y wherein Central Trust Company Of New
WORK IS Complainant ana The Occur 'AIene Railway
ana NdVsdi!"n company and others are Defend
ants the Subscriber, Special Master therein desiena-
yea VIII IN the e'ev enth DAY at January 1897 or the
day Ia which may adjourn the sale at | , O'clock
noon. at the ticket office uf The Occur dAlene Rail
way ant Navigation Company in the depot OF said
N"mpany IN W aiace in Shoshone county IDAHO sell
~ putlS auction 10 the highest bidder or bidders ali
,ne PT"pefE nghis OF interests covered by the mort
gage OF said Coeur & Acne Railway and Naviya
company to said Central Trust Company of New
York lated September 1880 and the mortgage Of
sad Occur j Acne Raiiwav ana Navigation Com
PAM 10 said Central Trust Company OF New York
dated September /. 1888, the same being steamboat
ana faiiroad route ana line, extending from Occur
4 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 me boundary line between Idaho and Montana,
WIN branch extending from Wallace. in Shoshone
county Ia Burke, in the same county together with
all branches extending from said lines Of railroad,
ana All me properly appurtenant thereto. and all
S'e9mhoa,S bafgeN or Other vessels. and wharves.
docks ana piers connected with or relating to the
SAD Inc OF route. AMI all equipment and rolling
stock OF said Occur Acne Railway and Navipa-
ton Company, ANA all rights, powers. privileges and
franchises connected with and relating said line or
route ana branches or the construction maintenance
OF operation thereof.
The said property will be sold without valuation
aPpTasment or redemption. and win be offered for
sale IN the manner following. that is TO say: There
VIII trst he offered for sale separately the property
which is covered by said mortgage dated September
l. 1850, as found ana decreed in said decree. the
same being all the line OF route of the defendant
Occur 4 Alene Railway ana Navigation Company,
offending from Occur d'Aene. IDAHO by water TO
Oi1 MISSION, and thence in an easery direction to q
point on the main line of said railroad as now CON-
slruciei on OF near the South Fork of the Occur
dAlene river distant NJ miles from Old Mission and
all the branches extending from said line of railroad
ana all the property appurtenan thereto including
of rlli n frnm all
Burke. and also the steamboats,, barges and other
vessels, and the whaves, docks and piers connected
with or relating, to the said line route
No bid Will be accepteifcr this property from any
bidder tor less sum than 100000. from any
bidder who shall not place in the hands OF the Special
Master " deposit with him at the time of making
Ne hid, pledge that such bidder will make good
his hid il accepted by the Court the sum Of S. GOO In
money or certified check
There will be next offered for sale separately
The property which is covered by said mortgage
ialei September L. 1888. but is not covered by said
mortgage dated September l. 1886 as found and de-
creed IN said decree, the same being all the line of
railroad of said Occur d Aiene Railway and Navga-
ton Company beginning at said point distant 30
miles from Oi Mission, and extending therefrom In
an eastefy direction to the eastery end Of the line Of
railroad of said Occur Aene Railway and Navga-
t'on Company, situated at near the boundary line
between the States Of Idaho and Montana, and At or
No bid will be accepted for this property from any
bidder Tor sum less than slt0,0o. nor from any bid
der who shall not place in the hands of the Special
BID, as pledge that such bidder will make good his
bid It accepted by The Court. the sum of S. 90 In
ey certified check.
After having offered said property separately IS
above mentioned. the Special Master will then offer
the entire property covered by said mortgage dated
September !, 1885, and said mortgage dated Septem-
her 1883, for sale parcel. without valuation
appraSmeni or redemption. and II the highest bid
cevei by the Special Master for the same 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 will be accepted as entirety from any bid
DEF for sum less than 500, 900 nor from any bidder
who shall not place in the hands of the Special Master
OF deposit with him al the time of making the bid. q
pledge that such bidder will make good his bid II &C
Cepted by the Court, the sum of $1,000 in money or
certified check.
OF the price for which said property shall be sold.
there shall be paid in cash at the time of sale the cash
deposit or deposits herenbefure required which will
he received as part of the purchase price, and also at
the same time and from time 10 time thereafter such
further portions of the purchase price shall be paid In
cash as the Court may direct in order 10 meet the
penses Of the suit above mentioned and the suits
Snltdatei therein, and To pay such claims, II any,
against the mortgaged property, as the Court may
aduige TO be prior In equity TO the said mortgages
The Court reserves the right to reject any bid. and
to resell SAID premises and property. upon failure Of
any purchaser for twenty DAYS 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 be paid in cash. the pur
chaser may satisfy and make good said balance OF his
bid in whole or in par, by paying over and surrender
ing outstanding First Mortgage bonds secured by
sad mortgage dated SEPTEMBER. 1886, and overdue
coupons appertaining thereto. or outstanding Gen
eraI First Mortgage bonds secured by said mortgage
dated September 1888, and overdue coupons apper-
tanning thereto, or either, said bonds and coupons be-
ing received at such price value shall be equiv
aent tothe amount that the holders thereof would be
entitled to receive thereon in the entire purchase
price were paid in CeSh.
The foregoing provisions shall be appicable
whether the said properties be sold in seperate parcels
q as an entirety any bid shall be accepted by the
Court and the person making the shall fail to
comply with all the conditions of sale and all orders
OF the Court IN respect thereto the deposited by
the bidder shall be forfeited and shall be applied as
the court may direct.
The purchaser or purchasers of any parcel at said
sale shall as part of the consideration for such sale,
and in addition To the price bid take the property pur
chased upon the express condition that he they, or
his on Their assigns approved by the Court, will not
outstanding pay off and satisfy any and all claims
filed prior 10 the date Of said decree in said cause or
either OF the causes consolidated therein in respect of
the parcel 50 purchased but only when andas suChCour
shall allow such claims and adjudge the to be
PRIOR IN lien Ia the rgages foTeClosed in said suit
OF either OF them and shall determine the parcel in
speci to which such claim shall be payable. and in
corianoe with the order orders of the Court allow
ing such claims and adjudgtng with respect thereto;
and the purchaser purchasers their approved as
signs Shall he entitled to appeal from any and all or
ierS DEGREES Of the Court in respect snch claims
OF any OF them ana shall have all the rights in respect
to such appeals which the Complainant central Trust
company Of New York would have in case such ap-
peas had been taken byit,
The Court reserves the right to retake and re sell
said property in OF the failure or neglect of the
purchaser or purchasers. his or their assigns ap-
proved by the Court as aforesaid. To comply with any
oTier OF the court in respect to the payment of pdor
lien claims within thirty days after service Of a cer-
he'd copy ot such order upon such purchaser or pur
ChdSerS, or his or their assigns.
Upon confirmation uf such sale or sales and Compile
ton 1T the purchase by the purchaser or purchasers
said purchaser purchasers will be entitled TO re-
ceve from the Special Master deed or deeds of the
properly sold, and also. upon request and exhibition
u the Special Master 5 deed to receive from the Re-
CeVers having possession of the property sold good
and suthGent deeds OF conveyance or evidence Of
transfer Of any ana all property sold which is vested
IN ar standing IN the name Of sad Receivers or to
which said Receivers have in any manner acquired
title and also to receive deed deeds of assurance
to be executed according 10 law by the defendant
Occur iAene Railway ana Navigation Company and
BY the Compla nant central Trust Company of New
York.
'pr further particulars AMI tor more specific de-
sCnptun OF the properly To be sold reference is here
hy made TO the SAID decree le with the Clerk of the
Cuur above mentioned.
Dated November ~, 1896
J. p. N. RICHARDS,
Special Master.
BUTLER: hoffman. JOLiNE & MYNDERsE AND
JAMES L. BABE,