The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1897-10-19
NOTICE OF SALE.
KANSAS PACIFIC RAILWAY.
EASTERN DIVISION
FORECLOSURE CAUSE.

Notice hereby given that pqTsusant at t. the
tered by the Circuit Court of the United states
July 1897. in a certain cause in equity pea31ng
and s - " 11n1Ia59snts
against The Union Pacitic Railway Company,
Stewart and Wiiliam Endieott. Jr;. Trustees;
Russell Sage and George J. Gould, Trustees;
The MeTeantile Trust Companys Irustee; S4las
son. Jonn W DoaEe and Frederic r Co1 s ,fi,
Union Paciae e." RaiiaPay Company: the United
ana SId'e |6 OF AnfFip; %ha 1ne Defendants
and in ACCORDANCE with a petition 10 the r rriS
after mentioned, petitioning said trustees EST 10
brGceed 70 5ae SAFE i Of me pgSpe y netition
has boon fieS Win tbe 63leri Of said Court
WI VII IL NJ n IHYflFsNISiI AZ Special Mas
ter. viii sell at public auction to the highest
T The Union GG Paeic Raizag CoPany. in the
yity Of Topeka In the State of Kansas on
Friday. the 5th day of November, 1897,
It Il O'Clock in the forenoon ali the rail-
iInmunities and uppurtenonces 10 the same be-
longing, rolling stock and property Of every
kind and description mentioned in the said de-
mortgage Of August /, 1865. Of the Union Pa
John Edgar thomson and Henry n AIe1ander,
as tnSlees tn9ldder which Henry. NJ, 4 4
the Eastern Division mortgage, and described
An the railroad right Of way and dr.; Fai tS,
pany. extending from a point where the same
Se9nneets With the tracks OF the DR149 Depot
hundredths of mile east of the State line ne,
extending westerly through the counties OF
Myandottef Leavenworth. Douglas Jefferson;
the State Of kansas to a point 40 miles west
miles Vest from Junction City Kan. includ-
1ng the spur OF branch line e1tending from me
about sixteen one-hundredths OF y mile east Of
a terminus near the corner of Water and Free
miles IN ali cdnstitGtins a total length Of main
track of a. % miles also lots Yards ter
streets. 9leys and other tracts Of land tene-
OF va, owned or occurred or appropriated by
rights and properties said The Union Pacific
lands so acquired or approi5riafed the title to
which stands in The names Of trustees for said
The Union Pacific Railway Company also the
shops, freight depOts- office buildings round
houses and other structures and facilities upon
and other grounds pertaining to or acquired for
use use IN connection with said railway property'
ton houses warehouses. machine shops; work
ne IF f9E or also ICED Tt AID
easements in Lands mines 'nI1Tr16 h9rscS
sfrget1res nine Iines anpgghcesp ar1itie aud
to the water supply upon or along said line OF
materials and supplies owned or acquired for the
PGI POSES III na9 i, also also; an ylled Ten PR
man sleeping cars. dining cars, freight ears
way Company and Of ali interest Of said The
equipment or rolling stock so owned in which
acquired provided for or By said railway
moTtsaged premises or necessary Tor tie rum
ming and operation thereof; also all the lines Of
telegraph telegraph material. instruments.
fixtures and appliances belonging to the said
connection with said mortgqged premises; also
supplies ana material owned acquired or pro-
ylaed bY said company for use, in connection
various offices Of said RAILWAY company upon or
all tie property of said The Onion Pacific RaiIo
in and to property of every kind and name
whether of the character in said decree de-
and franchises of said The Union Pacific RafI9
way Company. Eastern Division or its sue
cessor The Union Pacific Railway Company, so
far the said property. rights. INTERESTS ana
franchises pertain TO the said mortgaged prem
In accordance with the terms and Provisions
The prrcaseT viii tilt tn a me Is nv, w be sod and
excepted and reserved. including the rights Of
the said receivers in possession of said premises
TO G92enSatIqn Tor se 5 TGdered and the
ad tb ~ r}f ~ az He Flr0na ara teiegTaph
preference, at all times, in the use. at fair and
reasonable rates of compensa ton not to exceed
same KIND Of service Of the Said teleera5 I inc
and raiIToad for the transmission of despatches
of mails. troops and munitions OF war sup
The Government, whenever required by any De-
partment thereof; and the rights of the, Ameri-
Equipment Trust Indenture Of The Union Pacific
oeto6eF l. 1857 70 the extent and 50 far as the
said indeDtuFe auectS the portion of the e0Uip-
ment therein eLnortced Whlch pertains to said
mortgsged RrGPegdE and to the fS5SPt Of the
under as in said decree found; and the rights Of
purchaser as hereinafter stated.
AS provided by said decree
Said mortgaged property will be sold as an
entirety and in one paFcel- The Special Master
has t4e e time 4 tn m ana 19 RGpR the said
Their notice pressed with said sale sale on any day
The Special Master win receive no bid from
any one Offering to bid who shall not have de-
posted with him, at bis Office in Omaha.
Nebraska a6 least hye Gays oeiore ne late OF
he will make good his bid in case of It's ac-
of which shall be in cash and the rest may be in
Eastern rbe y 5esinI MSS VIII sa no bd
for said railroad, franchises and PROPERTY less
Upon the acceptance Of any bid. the person
Posit with The Special Master. on account
hereof fIrt h sum e9ual b 10 zen per sent OF
bonds which may have been previously dePos-
he would make and maze t good Ms 6id viii be
Tsceive4 oh dosited "a aforesad 80 on ~
ceptance of his bid, In case any bidder
itl acceptance by the Special SIaster or shaii
ance due upon his said bid in contamination of
his purchase then the sums in cash and bonds
forfeited A penalty for such failure. and will
be applied ed f9 f0 90 in snS enS SF
or loss in case the property shall be sold At a
and further purposes which the Court may di-
ANY party to said cause or Any ,.l holder eT or
holders of of said Eastern DIVISION MOTT
~ 20 bonds may bid and purchase at such sale
II any sale for which deposit has been made
shall not he confirmed BY the Court such de
1posit will be returned to the bidder. and the
Sfeuosit of any unsuccessful bidder viii be
Turned to him when bid has been accepted.
The purchaser whose bid shall have been
ceDted bv the Special Master at said sale shall
make payments in cash. or in cash and Eastern
Division bonds and unpaid coupons Of the sum
remaining due upon his said bid. after the APP
DlicatiOn thereto Of the amounts theretofore
denOsited by him follows twenty five t25
D cl per cent Of said amount so remaining due
IN said bid shall be paid within thirty days af-
ter the Confirmation of the sale; a further
fy-eutv-five ~ D. c. per cent Of said amount
shall Re paid within forty days after such u
firTna tom n further twenty-five 90 p. q per
cent of said amount shall be paid within fifty
days after such confirua ton; and q further
fTyentv-five (25 D. c. per cent of said
snail be paid within sixty days after such CON
tirTnat ion: Provided, however that the
chaser shall have the right TO anticipate al or
ejfber Of said payments by making the
any of them. at earlier time. OF earlier
times than herein stated. Said Eastern Di-
vision Mortgage bonds and unpaid coupons. to
fbe extent that they shall be rendered to the
Master in payment Of said bid. viii be accepted
and taken nv him in such payment at the par
value thereof. together with interest unpaid
and accrued thereon to the date of said decree.
and such purchaser Will be credited therefor.
account of the purchase price such in
hall hn hV the DTincinaI Of