Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1896-12-17
The Occur d'Alenc Railway and Navigation
Company.

The Occur dAlenc Railway and Navigation
| Company.
Notice is hereby given that in pursuance of de-
cree Of the Circuit Court of the United States for the
Ninth Judicial Circuit and District Of Idaho. filed
October 10. 1890. in the Consolidated Cause No. 81.
| in Equity. wherein Central Trust Company of New
| York is Complainant, and The Occur Alene Railway
| and Navigation Company and others Defend
ants, the subscriber. Special Master therein designa
ted will on the elev enth day of January 1897 or the
day To which may adjourn the sale. at O'Clock
noon, at the tickle, Office of The Occur d'Alene Rail
way and Navigation Company in the depot OF said
at public auction to the highest bidder bidders. all
the property, rights or interests covered by the mort
| Company To said Central Trust Company OF New
| York dated September 1886 and the mortgage of
| said Occur d AIene Railway and Navigation Cpm-
| pany to said Central Trust Company of New York
dated September l. 1885, the same being steamboat
| and railroad route and line. extending from Occur
d Aene City. in Kootenai county. Idaho. by water
to Mission in the same county. and by rail from Mis-
sion to Lookout. in Shoshone county. Idaho. on OF
near the boundary line between Idaho and Montana.
i with branch extending from Wallace. in Shoshone
county. to Burke. In the same county together with
all branches extending from said lines of railrpad.
| and all the property appurtenant thereto. and all
| steamboats,. barges other vessels. and wharves.
docks and piers connected with or relating To the
said line OF route and all equipment and rolling
ton Company and all rights powers. privileges and
franchises connected with and relating to said line
route and branches. or the construction. maintenance
| or operation thereof.
The said proper will be sold without valuation.
appraisment or redemption and will be Offered for
! sale In the manner following. that Is 10 say There
will first be offered for sale separately the property
which is covered by said mortgage dated September
| /, 1886. found and decreed in said decree. the
| same being all the line or route OF the defendant
| Occur d'Alene Railway and Navigation Company.
extending from Occur dAene. Idaho. by water 10
ru S e mann me Of sad sSas as
structed on near the South Fork ut the Occur
| dAene river. distant 70 miles from OLD Mission. and
t;un -
and all the property appurtenant thereto. including
the branch line of road extending from Wallace To
Burke. and also the steamboats, barges and ohe,
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 any
| bidder for less sum than 100000. nor from any
bidder who shall not place in the hands of the Special
| Master deposit with him at the time OF making
the bid as pledge that such bidder will make good
his bid II accepted by the Court. the sum Of $eOO In
money certified check.
There will be next offered for sale separately
dated September l. 1885, 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'Alene Railway and Navga-
ton Company beginning at said point distant 80
miles from Ola Mission. and extending therefrom in
easterly direction to the eastery end Of the line Of
railroad Of said Occur d'Aiene Railway and Navga-
ton Company, situated at or 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 for sum less than $iOuU. nor from any bid
der who shall not place in the hands OF the Special
Master deposit with him at the time Of making the
bid. pledge that such bidder will make good his
bid If accepted BY the Court the sum OF $500 in mon
! ey or certified check.
! After having offered said property separately as
above mentioned the Special Master will then offer
eTs sss by SAID
Der 1888 for sale one parcel. without valuation.
appraisment redemption. and If the highest bid re-
the aggregate amount Of the several highest bids for
the two parcels when offered separately. then the
whole will be struck off and sold as an entirety to the
person making such bid for the whole.
No bid will be accepted as an entirety from any bid
der for less than SoO.000. from any bidder
who shall place in the hands of the Special Master
or deposit with him at the time of making the bid
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.
Ofthe price for which said property shall be sold
there shall be paid in cash at the time of sale the
deposit or deposits herenbefore required, which will
be received part of the purchase price, and also
the same time, and from time to time thereafter such
further portions of the purchase price shall be paid in
cash the Court may direct in order to meet the
penses of the suit above mentioned and the suits
| soidated therein and to pay such claims II any.
against the mortgaged property as the Court may
adjudge 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 TO comply with any
| der of the Court requiring payment.
The balance of the purchase price not reQuired to
may satisfy and make good said balance pf his
bid in whole or in part 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
eral First Mortgage bonds secured by said mortgage
dated September l. 1888. and overdue coupons apper.
tanning thereto. either said bonds and coupons
ing received at such price or value shall be equiv
alen TO the amount that the holders thereof would he
entitled to receive thereon in the entire purchase
price were paid in cesh.
The foregoing provisions shall be applicable
ne ssa s se s"
Court and the person making the same shall fail IL
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 al said
sale shall, 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
his their assigns approvedb by the Court. will
withstandng pay off and satisfy any and all claims
filed prior to the date of said decree in said cause.
either Of the causes consolidated therein in respect
the parcel purchased but only when andas suchcour
shall allow such claims and adjudge the 10 bs
prior in lien to the Mortgages foreclosed in said suit
either of them and shall determine the parce in re
spect which such claim shall be payable. and in &C
cordance with the order orders OF the Court allow
ing such claims and adjudgng with respect thereto
and the purchaser purchasers their approved
signs, shall be entitled TO appeal from any and All
DEGREES Of the Court in respect to snch claims
any of them and shall have all the rights in respec
to such appeals which the Complainant Central Trus
| company of New York would have in such ap.
/, peas had been taken by
The Court the right to re-take and re sci
said property in case of the failure neglect If thu
purchaser or purchasers or ms or their assigns APP
proved by the Court aforesaid to comply with an,
order OF the court IN respect To the payment of PHO
lien claims within thirty days after service of Cert
fled copy Of such order upon such purchaser pur
| chasers, or his or their assigns.
Upon confirmation OF such sale or sales AMI compile
ton of the purchase by the purchaser
| said purchaser or purchasers will be entitled To re
ceive from the Special Master deed OF deeds Of III
property Sold and Also upon request and exhlbo,
of the Special Masters deed. TO receive from the Re
ceivers having possession of the property sold. goo
] @
transfer of any and all property sold which is vese
in or standing in the name Of said Receivers or II
| VII ch said Receivers have in any manner acquire
title and also to receive deed deeds of
| To be executed according to law by the defenian
Occur d'Alene Railway and Navigation Company an
by the Complainant Central Trust Company ot Ne,
2 York.
ri For further particulars and for more SPECIFIC de
scrpton OF the property To be Sold reference Is here
by made to the said decree file with the Clerk of tn
Court above mentioned.
| Dated November ~, 1896