The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-02-09
10th Day of March, 1907,

Company and others are Defendants l. the sub
scrlber. special master designated in said de-
crees. will. on the
10th Day of March, 1897,
or the day to which I may adjourn the sale.
of the defendant Louisville. New Albany & Chi
eago Railway Company near the Bedtime june
PUBLIC auction. to the highest bidder or bidders:
all the property. rights and interests covered
New New Albany Chicago hallway Company men,
to The Farmers Loan and Trust Company and
Ss s one n s5s s dated Janray
Company OF New York and John Fl. stotsenburg.
as trustees dated May lss9 and one made
York and James Murdoch. as trustees, dated
September !, 1894, including all the line OF rail-
Rsway coP@%y Intending roma Kew Albany
Indiana, to Michigan City, Indiana, and also
State line between Indiana and Illinois i "a about
twenty miles southeast of the city of Chicago,
Of railroad. called the BEDFORD anu & boo Bloemhed
Railroad. extending from Bedford to switz City,
owned line OF railroad called the Orleans. West
Baden & French Lick Springs railroad. extend
also all its lands. station buildings, tracks and
terminal facilities in the city of Louisville. Ken
lucky, and also all its rights. interest. propre
tary and leasehold estate and terminal facilities
the an tbs property tracks and station
road Company. and in the Belt Railway Company
oil thicsgo. IN the city OF Chicago or elsewhere
estate, trackage. leasehoId and contract rights
ancSses in tRe ey Of ndsnapo ihgs a
and also all It's leasehold and contract rights.
trackage and terminal facilities vested in il by
virtue OF its certain written contracts with the
Jefersonville, Madison Indianapolis Railroad
Louisville Bridge Company, whereby its trains
and traffic are moved and handled between the
| I.onisville, Kentucky and also all property Of
every kind owned by eaid railroad company and
connected with or appurtenant TO the railroads
above mentioned and all equipment, tools. ma
chinery, materials and supplies Of said railway
stock OF the Chicago Western Indiana Rail
3 ny OF The par value s , Of oH
way Company of Chicago: of the par value Of
500 each; 1880 shares Of the capital stock OF
| value of $50 each, and 1890 shares OF the Or
leans West Baden 4 French Lick Springs Rail
and also five certain parcels of railroad equip
ment being % 300 box cars built by the Has
| CD $50 fiat cars built by the Haskell & Barker
and 50 stock cars built by the Haskell & Barker
Car Company. costing 500, 20; "a 200 box cars
costing s2s3. pa; 90 LOCO fat cars built by the
| Haskell & Barker Car Company costing 1876, 600.
cells being @aea owned by central nVe trust
| Company of New York. trustee. Louisville New
Albany and Chicago Railway Cimpany Equip
The said property will be solo without valua-
ton, appraisement or redemption and will be Of
| fered for sale in the following manner. that is
to say: There will first be offered for sale. sep
|
| above mentioned and described. excepting only
said five parcels of railroad equipment. but in,
viii be accepted for this property from any bid
der for a sum less than 81 300, OOO nor from any
special master or deposit with him at the time
Of making the bid as pledge that such bidder
| the sum of $4,000 in money or certified check.
pd n Will nn De neT oereG LOT sac
| equipment above mentioned and described. No
| bid Will be accepted for this property from any
| a
| bidder who shall not place in the hands of the
| special master or deposit with him at the time
OF making the bid. as a pledge that such bidder
will make good his bid If accepted by the court,
After having offered said property separately,
| as above mentioned. the special master will then
three mortgages. being ali the properly above
| mentioned and described and including said five
MfS Tanaton a or
| and if the highest bid received by the special
master for the same shall exceed the aggregate
amount Of the highest bids for the two parcels
| wh-a offered separately, then the whole will be
SON making such bid for the Whole 10 bid will
he accepted for the property as an entirety from
| any bidder for sum less than sS.000.000. noI
| from any bidder who shall not place in the
hands Of the special master or deposit with him
| such bidder will make good his bid IL accepted
by the court, the sum of $4,000 in money OF
OF the price for which said property shall be
Sold there shall he paid in cash at the time OF
required. which will be received as a part OF
the purchase price, and also at the same time
and from time TO time thereafter. such further
portions Of said purchase price shall be paid II
the expenses OF this suit and he suits consoli.
| dated herein. and such receivers Indebtedness
of sale herein and to pay such claims. if any
| against the norgaged property as the court
mortgages. The court reserves the right TO rejec
| any bid, and TO resell said premises and prop
tyy ds aon to ,n Comply with any orer Of the co
requiring payment. The balance of the purchas'
be peiS in cash or the purchaser NAV seiisf,
and make good said balance of his bid. in whole
standing bonds and overdue coupons appertain
| ing thereto. secured bv said mortgage dateC
dated May l. 1890. secured BY said mortgag,
dated September l. 1894 said bonds and coupons
| be equivalent TO the amount that the holder:
thereof would be entitled to receive thereon il
The foregoing provisions shall be applicabl.
whether the said properties be sold in separate
accepted by the Court and the person making
the shall fell to comply with all the con
respect thereto. the sum deposited by the bidder
shall he forfeited and shall be applied The
Court may direct.
The purchaser or purchasers of any parcel a
sale sale snail nd as PS 0t the the nTc b
the property purchased upon the express con'o
proved PROV by the Court will. Observation-Disclosures pa,
of and satisfy any and all receivers indebted
ness which shall not be paid by the receive
out of the income and earnings OF the mort
| gagged property or which shall not be paid on
of the proceeds OF sale directed I'm said de
crees. and also any and all claims filed prio
to the date of said DEGREES. or which may b.
filed after such date within a period to be lin
tied by an order OF the Circuit Court Of TIT
United States for the District of Indiana. i'm sail
consolidated cause therein rending. in eithe
of the causes consolidated therein, in respect o
the parcel purchased, but only when and az
the Court shall allow such claims and adtudg
the to be prior in lien to the mortgage
forecosed in said suit or either of them. an.
shall determine the parcel in respect of which
such claims shall be payable, and in accordanc
with the order orders OF the Court allowing
such claims and adjudging with respect thereto
proved assigns. shall be entitled TO appeal from
| any and all orders DEGREES of the Court Il
| respect 10 such claims. any of them, an
shall have all the rights in respect TO such ap
| peals which the complainants in said suit, q
any Of them. would have in case such appeal
had been taken by them. The Court reserve
| the right retake and resell said property Il
| case OF the failure neglect of the purchase
by the Court as aforesaid. 10 comply with an
| order of the Court in res pSCt TO tho payment o
receivers Indebtedness or prior lien claims with
| in thirty days after the service Of certifle
! chasers or his or their assigns.
For further particulars. and for a more spe
cihc description of the property 70 be sold rerer
ence is hereby made 10 the said DEGREES on Ill
| with the clerks OF the courts above mentioned.
| Dated February $, 1891 -. .,-r,,~.
WILLIAM y. VAN BUREN.
Snecial Master.
TURNER. MCCLURE & ROLsToN,
Solicitors for Complainants The Farmers l.oa
and Trust Company and John II. Barker
, BUTLER. HOFFMAN. JOIlNE & MYNDERS
and FLOYD 4. WOODS.
Solicitors for Compile inants Central Trust Com
pany OF New York. John ii. StotsenbuT
and James Murdoch.