The St. Louis Republic., 1901-10-02

fused and hc waa s'riuusly injured ile was
tnkcn to his home at Seventeenth street and
81. Louis avenue.
IN the Circuit court Of tile United states fDr ih,
Western DIVISION Of thu spItnotn judicial pis-
hlrt 81 lyWiL ia cIdiiy. 'obHIllid'd cause.
Guaranty trust COMPANY "f N"w YORK aud
Juilus ;. walsh. cumpaiHant.. against the
otnahd ana ~. Louis Ralrotd Comgnty and
tihcis d.fruduut- etc:
~ pursuance u "a decree of the Circuit cVuFt
"I IN" United states igr ~" western DIVISION or
thr southern judicial bruiet OF luwh. uuly
tn'f"to duy ana fosp,uus"ly entered In III" CIR
~, .nt sgnil OF ne ni'G states tIr ne w.t.
NE ,lIc9i ,9nt ~ the nned states Tor the
m,st"in piSi,l9n ~ 'he Mes'.ih District OF MIS-
tpufl. !. Robert II. n"fn. uit H.5ceuI muster
'lAm.d IN said decree. hripLy Eiye notice that
sErENrEENTH DAY OF JULY. loi,
~ y o'clock noon, az Tho north end ~ the
i1ad company. 'i"ntng On Eleventh avenue. be-.
iW'"n TEIrd and Fourth s'rp.tr. Va the city uf
6y pubii StiitIdn To- rS bls .l i'i' thn n,,' rail-
road and property dcteriu'd - follows
fianchises .i tnt omaha uul -. i.puis Railroad
company OF every tlnd and description, iueild-
day Of July, 1886. or Thereafter acquired. extend
ms at present from the grounds of the Union
eli niuffs. in., thia,iei th" countits' oy ratit-
waitan'ie. Mlr. Fremont aud Page. In the STATE
Gcn'iy and Davies In the state of Missouri. to
or near iatonsbute la said county OF Daslcss
hundred and iorty-thfee miles, 4. Taid railway
then Was or should be thereafter constructed.
hIlhtaln'd. oiuaitd or acquired together with
all ana singular the lands. teneinents iignts-of-
~ NY ne1' rails bridge. st.uetnirs istrr,s
"li lands, tcn"mcuts aud hcroditaments acquired
longing ana a "i raiMa,s M Mys ,5t' Sy
depots. depot grounds, traciss, ,idnss. turn0sits
bridges. viuduct4. culy"sts fences and other
structures dep1ts. statlon-hou-rt, turn tables
water tanks and ,othci hHturcs: carhouses.
~ "v'rJ 'dnd and naturc whatsoever. leasenolds.
leases, rights under leases OF under contracts,
nnd also all locomotives. engines fixtures, cars
md other rolling stock and equipment then
held or thereafter acquired. and All rglils. ties,
machinery. ts5lH. implements fuel and material
wh"fs2-'"r, then held thereafter uSiliirod aud
.h-,, ~, V'er i'oper'yf isa! personal ana mixed.
~ conreetion with tie construction. Operation
rari par ,ths,s1t and all riShts powers privileges
10y the said lailroad poinpnry. connected with or
iclhiing to the said railway or It's several
poyes thereof and also all corporate, franchises
OF eFery name and nnturc relating said rail
hid every other estate. right, title. interest
l'hhy then owned and held should thereafter
acquire or hold, necessary convenient for thr
tht snld fhllWayH. leases and property. rights,
privileges and frnnchlses or any part or poftio1i
efty constructed ot acquired 10y Charles IL t7iap-
ieli and James Hopkins. as receivers Of tho
''''i'slsF " ~ 'llLieb
~ 1hahpcil MS receiver Of sslid property in suid
terms, to-wIt: "''" ''s '''i""''s
i Said property VIII be sold as an entirety
aud In one lot or parcel.
for less rum than 81, 1900.
j. The OF s50,GyJ shall 10 raId 70 ,hc
speeisl master n cash or in certified check
his hid is accepted and no bid w.Ii h en9.nini
unless the bidder deposits such casi. or cheek
with the tpccial master
a. The remainder Of tho uiIrcIia win, ,b,tt
se na,d IN money Or by receivers certificates
receiver Of the Omaha and st Louis Railroa6
Company. which certificates will be accepted al
saGs binds Of the Omaha ana st. I%iIis Hail Hail
road Company described in .aid DEGREES. and
Inortgage bonds anG colponi when s.ndsrcd y in
payment. ,hall only he taken OF nec"ptad for
they may respectivey he entIled TO- recoiWn az
me distribution Of the proceeds OF the sale
the sscertainmsnt Of the dstriBu,ive share Of tho
purchase money 10 which each bond is entitled
hid GOOD anG to comply for The time being With
sesos VIII, leis9f % sbGcs sg he or they 20 elect
bonds OF The Omaha ana St Louis Railroad Com
which tora'ssg Y at % G pSr ssnt Of er par value
81 the sale shall equal the amount Of his or
their , bid; Instead Of taking such bonds into
ncoep, clt, err,iIcats OF aepq.it from any trust
the approval Of tho court may designate. stating
number OF frst mortgage bonds last aforesaid 10 |
make un the purchase price bid at tho sale and
special nnster. subject to the or;ers OF the court
from time to time made.
chaser to respond to his bid with first mSrtsas.
bonds and COUPONS q the Omaha and s.. Louis
construed as iInpaIrlng the power u the court to
in money instead Of bonds II il ' Is Geemed no Pc nrees psr
tary hereafter TO reaglte a further payment in |
AL lhlrh hereafter ln naff "a ~.
titled to preference over the first mortgage |
ds no, or no rey i m fasa hSdeg Thos bonds
price. ouch dstributive share Of The proceeds of
feana sA S be emitted aR9H to- iai accounting they are
8. Any party to this cause, or any holder Of |
lno,tgage. may bid and become purchaser at |
:. The pp-cs,ser or nurchaser, n, ,bo ,,rore-,v
hereunder shall take said property ard nd s"espt
deed ,h".",o- unon the express condition that his
ors .s-d assigns. viii pay all the allowed prefer
aehtoned and all suah ad abtes 5y nSs
been contracted by the receivers or receiver pro-
reason proves inadequate TO ray and dscharse |
the same. and on condition that for noncompll- |
par. a' or portion of e iSp Rre Price G pay g
said property In cash rs and when the court may |
property sod and an add,das tRera,o o. i've hg
receiver, arnointed for that purpose. and DO |
,nforce compliance with sal. agreement and us |
order for further payments in money:
y.
rause will remain In 3ossession Of the property |
sold. and continue TO operate the same after the
,ale thereof and until the conveyance thereof. |
snd II the sale shall he confirmed. the purchaser
,r purchasers on delivery Of possession by the
,ever shall be entitled 10 receive the net income |
md earnings accruing subsequent TO the date Of
sale.
For q fuller description Of the terms and con-
j,tions Of such sale. reference If hereby made 20
he above mentioned DEGREES now on file in said
respective causes.
Further notice is hereby given that in
.ofdanco with the DEGREES of sale herenbefore
-ecited, the undersigned. by due proclamation
made at the above named place of sale in Council
BjufYs Iowa. at y o'clock noon July II. / OIL
ia adjourn the above recited sale untfl u O'Clock
noon, october II. 1901. nj the same place. And
nat IN pursuance Of such adjournment aii and
,ingular the property In the foregoing notice de-
.cribsd at IL !? o'clock noon on the iith day day Of
.sie IN Council Bluns Iowa. Will be sold by I
,ursuant to the DEGREES Of sale aforesaid.
ROBERT II. KERN,
Special Master.
THEODORE SHELDON.
Solicitors for Guaranty Trust Company Of New