Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-12-07
LEGAL NOTICES.
NOTICE OF SALE.
KANSAS PACIFIC RAILWAY.
Government Subsidy Mortgage
Foreclosure Causes.

NnNOHO ihVii u llhS!SSnt1
Government Subsidy Mortgage
Foreclosure Causes.
, Notice is hereby given that. pursuant to inc
decree of foreclosure and sale made and en-
tered by the Circuit Court of the United
States for the District of Kansas on the soth
pending in said Court. entitled THE
UNITED STATES or AMERicA; Complain
WAY VA as coMpA aNY : a Cooperation ers l n
and existing under the laws OF the United
States Of America, NJ. ALENAN-
Lon. as Trustees: RUSSELL SAGE and
GE9asE Il ao TkPsr as c T5af'sss; 1H as
Trustee: H AMERICAN LOAN AND
TRUST COMPANY. a corporation organized
sets. as Trustee: JOHN A. STEWART and
ENpICoTT. JE. as Trustees:
E. ELLERY ANDERSON. FREDERIC r.
COCDERT. and W. DOANE, Receiv-
ers, now in possession and operating the Rail.
n certain other decree in a cause likewise SO
entitled. in the Circuit Court OF the United
States for the Western District of Missouri.
also entered on said July 3Oth, 1897.
l, WILLIAM D.. CORNISH. as Special Mas
ter, VIII sell at public auction to the high
Union Pacific Railway Company ~ the City
o. Topeka, in the state of Kansas on Thurs
day. the 4th day of November. 1897. at
eieven o'clock in the forenoon. all the raiiroav.
telegraph. franchises. rights. functions. inn
munities, and appurtenances TO the same be-
longing. rolling stock and property OF every
kind and description mentioned in said de-
rrees. and embraced in and covered by the sub
sidy mortgage and lien 10 the United States.
being the whole line of railroad and telegraph
formerly Of the Union Pacit;ce Railway Com
pany. Eastern Division. and its successor. in
name the Kansas Pacific Railway Company.
together with the equipment. fixtures. fran
chises, and property of every kind and de-
scription Of said company. and in considera-
GLIDING the railroad and telegraph line now OF
The Union Pacific Railway Company, ex-
tending from the State Line between tbs
1893 1916 miles ~westwardly to a point on said
railroad, together with spurs 10 Wyandotte
property in the State Of Missouri. extending
from the Union Depot, or eastern terminus
Of the Kansas Pacific Railway. now called
Railway. a distance of 81 miles. to the State
boundary line dividing the States Of Kansas
and Missouri.
In accordance with the terms and provisions
Of said DEGREES. said property Will be sold. and
the purchaser thereof will take the same. SUBJ
tect to and saving the right OF the Govern.
ment Of the United States to have the prefer
ence at all times in the use. at fair and
coed the amounts paid by private parties for
the same kind OF service Of the said telegraph
line and railroad for the transmission OF
dispatches over said telegraph line. and the
transportation of mails. troops. and munitions
Of war. supplies and public stores upon said
railroad for the Government. whenever re-
quired by any Department thereof. and sub
tect to and saving the title of the American
Loan and Trust Company, Trustee. shown by
the Equipment Trust Indenture Of The Union
Loan and Trust Company. dated October lst.
denture affects the portion Of the equipment
therein embraced in the said lien Of the
United States, and to the extent OF the out
the $507, 900 OF bonds hereunder, and subject
to and saving the tights and lien OF the hold:
by the mortgage made by the Union Pacific
Railway Company. Eastern Division. August
LIST. 1866: to Henry NJ. Alexander and John
e rs Of the s4.oes.t6oo SUSTAINING bonds Sc
Union Pacific Railway Company. East
ern Division. dated June LIST; 1896. to John
Edgar Thomson and Adolphus Meier. an
OF possession and lien Of the said receivers
in the suit brought in said court by Russell
f force aaa a ' mortgas. UNDER Which they are
trustees made by the Kansas Pacific Railway
Company. dated May LIST. 1879. to the extent
and their lien for the payment OF any def
cheney in operating expenses, while managing
DEGREES. be found 60 exist and be allowed by
the Court upon the settlement of their &C.
counts.
As provided by said decrees:
Said property covered by and embraced in
said Subsidy mortgage and lien will be sold a.
an rs set Special an Ma ln fn has ea shs power and RICH.
to postpone the said sale from time to time.
and may. without further notice. proceed with
may have been adjonsned.
The Special Master win receive no bid from
deposited with him. at his office in Omaha,
Nebraska. at least five days before the date
Of eIed the , 5als f ns MiII make X 's Raod nG sis BIZ, as. Il, a
case OF its acceptance, the sum OF 500, 600
in cash.
The Special Master will accept no bid for
said railroad. franchises. and property less
than the sam Of $2Soo eco in cash; and un-
for further Instructions. Upon the accept.
ance Of any bid the person or persons maxi
tn, ,hs Special sas slm sa sssn 1 on aseoant eeP eSsreo yin n
amount which he or they have already de-
cent. u5el Of the accepted bid. In case any
bidder shall fail to make good his bid upon
ing within five days after such acceptance tho
additional deposit with the Master. or. after
the OF said sale shall fail to
pay the balance due upon his said bid in
consummation Of his purchase. then the sums
in cash so deposited by such bidder or pur-
failure, and will be applied toward payment
OF the expenses of a resale and toward maxi
ing good any deficiency Or loss in case tho
property shall be sold at q less price upon
such resale. and to any other and further pur-
poses which the Court may direct. Any party
first mortgage bonds may bid and purchase
at such sale: If any sale for which a deposit
Court. such deposit viii be returned to the
bidder. and the deposit of any unsuccessful
bidder will be returned to him when a bid
shall have been accepted by the Special Mas
ter at said sale shall make payments in cash
after the application thereto op Of the amounts anao IL
Twen,ysfye 'e esssp per U cent n"@ Of said a . amount
so remaining due on said bid shall be paid
within thirty days after the confirmation Of
the sale: a further twenty-five Ceos) per cent.
days after such onfirmation: a further twen-
paid within nifty days after such confirma-
OF said amount shall be paid within sixty
days after such confirmation: Provided. how
to anticipate any or all Of said payment by
making the same. or any Of them. at an
earlier time. or earlier times. than herein
The Master may accept a certified check
upon: or a certificate of deposit OF any Ma
factory to him.. as a payment or a deposit
Of cash instead OF money. in any case in
which he is by the terms of said DEGREES
accepted bid will be applied to the payment
Of the amount owing to the United States.
mortgage and lien. until said Subsidy debt
shall be paid in full, and the surplus. II any.
Will be distributed by subsequent orders OF
the Court. After the sale has been confirmed
the purchaser may pay the unpaid balance
OF his bid to the Master. or to the United
States. and the receipt Of the Secretary of
the Treasury. or his proper subordinate. for
any part OF such balance shall be sufficient
evidence of is payment.
The purchaser or purchasers, or his or their
successors or assigns. shall. as part considera-
ton and purchase price OF the property pur-
chased. and in addition to the sums required
by said DEGREES to be paid. take the same. and
receive the deed therefor upon the express
condition that he or they. or his or their
successors or assigns. shall pay. satisfy.
and discharge the obligations. liabilities. and
CHARGES in said DEGREES specified as follows:
and OF the expenses Of the sale hereunder,
including the Compensation and necessary eN-
penses of the Special Master appointed to