Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1897-11-18

WHEREAS, BY decree of the United
States Court for the Northern District of
the Indian Territory, made and entered
on the 18th day of November, 1897, in a
certain cause therein pending, wherein
the Central Trust Company of New York
is plaintiff and the Atlantic and Pacific
Railroad Company and the American
Loan and Trust Company, of Boston, are
defendants, it was provided, among
other things, that the special master, in
said decree named, should sell the mort
gagged property described therein and ad-
judged to be subject to the first mort
gage Central Division of said defendant
railroad company and therein directed to
be sold on Saturday, December IS, A. D.
1897.
Now, therefore, pursuant to said de-
cree, l, the undersigned, special master
in said decree named, hereby give notice
that on the said 18th day of December,
1897, at one o'clock in the afternoon, at
the passenger station of the Atlantic and
Pacific Railroad at Vinita, in the Indian
Territory, upon the r-emises to be sold,
| will sell at public auction, to the high
est bidder or bidders, as an entirety, the
inortgaged property, rights, privileges
and franchises in said decree described
and therein directed to be sold, the same
being briefly described as follows, viz:
The franchises, rights of way, railroad,
telegraph, lands, land grants, shops, de-
pots, buildings, structures, bridges, via
ducts, rolling stock, tools, machinery,
supplies, and all property of every de-
scription on March 1, 1882, the date of
said first mortgage of the defendant rail-
road company, or at any time thereafter
composing and pertaining to that part of
the railroad and telegraph line of said
defendant railroad company, known as
the central division, beginning at the
west line of the State of Missouri, at Sem
eca, and running thence by the most eli
gible railroad route to point on the Ca
madam river, and thence to the town of
Albuquerque, on the Rio Grande river in
the Territory of New Mexico, as the
same has been or may be located or con-
structed; and also beginning at or near
the town of Fort Smith on the western
boundary of the State of Arkansas, and
thence westwardly, by the most practic-
able route to point on the Canadian
river, where it would intersect the line
from Seneca westward, and also all addi-
tions and extensions which said defend
ant railroad company has at any time
made to said railroad and telegraph and
the other property and things aforesaid,
together with all the rents, tolls, issues,
profits, incomes, privileges and appurte-
nances thereunto belonging or in any
wise appertaining and also all the estate,
right, title, interest, property, possession,
claim and demand whatsoever both in
law and in equity of said Atlantic and
Pacific Railroad Company of, in and to
the same and any and every part thereof,
with the appurtenances; including all the
real estate, lands and land grants, wheth-
er patented or unpatented or surveyed or
unsurveyed or otherwise in the Indian
Territory and in the Territory of New
Mexico, east of said Albuquerque, in
which said Atlantic and Pacific Railroad
Company or said Central Trust Company
of New York, as trustee, under said first
mortgage, has any interest, and all in
terests therein and rights thereto, and
also all tracks, lines, rails, bridges, ways,
buildings, piers, wharves, structures,
erections, fences, walls and fixtures
erected on or pertaining to said Central
Division as now constructed and opera
ted, and all franchises, privileges and
rights OF said Railroad Company, and al
so all the locomotives, engines, tenders,
cars, carriages, tools, machinery, manu-
factured or unmanufactured materials,
coal, wood and supplies of every kind
belonging or pertaining to said Central
Division; and also all chooses in action of
every kind and description, including
bills receivable, book accounts, traffic bal
ances, all books of record and account of
every kind and description, all papers,
maps and inventories and documents in
any wise referring or relating to said
property and the franchises; and also all
franchises and property and all personal
rights or interests in franchises or prop
erty of every kind and description, real
or mixed, east of said Albuquerque, or re-
lating or pertaining to said Central Di-
vision whersoever the same may be situ-
ated, held or owned by the defendant
railroad company or in which said COM
pany has any interest; also all net earn
ings of said railroad and property EN-
braced in said first mortgage during the
operation thereof by the receivers of the
property OF the St. Louis and San Fran
cisco Railway Company, appointed by
the Circuit Court of the United States
for the Eastern District of Missouri, in
an action therein pending for the fore
closure of the consolidated mortgage of
said ST. LOUIS and San Francisco Rail-
road Company, and during the operation
thereof by the St. Louis and San Fran
cisco Railroad Company, and the net
earnings thereof to be derived in the op-
Grafton thereof by the ST. Louis and San
Francisco Railroad Company until the
delivery of possession of the nortgaged
railroad and property to the purchaser at
the sale to be made under said decree.
No bid will be received from anyone
offering to bid who shall not first deposit
with the Special Master, as pledge that
he will make good his bid, the sum of
100000 in money or by certified check
Gu any national bank or incorporated
trust company, or $3.50, 900 in par value
of the bonds secured by said first mort
gage, or a certificate of the Central Trust
Company of New York of such deposit
to the order of the Special Master of said
bonds to such amount.
The deposit so received from any un-
successful bidder will be returned to him
when the property shall be struck down.
The deposit so received from any sue
cessful bidder will be applied on account
of the purchase price of the property.
No bid will be accepted for said mort
gagged property less than the sum of ST.
10000
Said sale shall be made upon the
terms and subject To the conditions, res
ervations and provisions in said decree
contained, and shall be made upon cred
it and the purchase price shall be paya-
bic on an average credit of four months
two i'll installments.
Upon the acceptance of any bid the
purchaser shall forthwith pay to the Spe-
cial Master, as the first installment of