The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-22
SPECIAL NOTICES.

bonds and coupons to be received at such
ptiee or value as shat be equivalent TO- the
amount Tint the holders thereof would he
entitled 90 receive thereon In case the en-
tire pmrchuse price were paid In cash, The
BSsdnrsn ~ ~ h sui eauss, ~ any holder OF
forecloscl IN and by said decree, may bid
anu purchase at sale,
The purchaser or purchasers at such sale
sale. and IN addition TO the price paid,
take the property purchased upon the e.
press condition that to the extent that the
money In the receivers hands, and the
earnings and Income during the receiver
ship herein, shall be insufficient 20 make
such payments, said purchaser or purclns
ers, or his or their assigns, viii, notwith.
standing pay on and satisfy any and all
RECEIVERS Indebtedness or obligations, which
shnll not be paid by the receiver out OF
the income and earnings of the property
herelnhefore described, or which shall not
&c paid ont Of the proceeds OF sale MS set
forth IN the decree which may be there
after nlcd within period 10 be limited by
an order OF sAid court, but only when and
rs the court shall allow such claims and
The purchaser OF purchasers at said sale
shall also MS n part Of the consideration
therefor, and 10 addition to the price paid,
take the property purchased upon the ex
press condition that TO the extent that the
money In the receivers hands and the
earnings and income during the receiver
snip herein, and tho proceeds Of the sale OF
! the lands and premises described IA the de-
cree, and held not to be subject to the
Insufficient TO make such payments, such
purchaser or purchasers or his OF their as
| signs, VIII, Notwithstanding. pay on and
| satisfy all claims for damages on account
OF INJURIES to persons or property now In.
VOWED In any suit or suits pending In any
OF the courts OF Harris county Texas
/ against defendant the Houston Electric
Street Railway company aud all other
| clalus against said defendant arcrung
within six months next before the appoint
ment Of tho receiver herein for damages
TO persons or property arising out OF the
operation OF the property covered by the
| mortgage hetein foreclcsed; and all claims
| acgrung within ak months before the an.
npihtmcni Of the receiver herein for ma.
/ terial ana supplies sold defendant aud used
ny u IN the maintenance, operation and
| repair OF shid property. but all such claims
shall he presented by Intervention In said
I cause wlthtn three months from tho date OF
| this decree. The master commissioner IL
| directed by the decree to publish In some
daily newspaper published In the city Of
Houston q notice for thirty days to pre-
sent such clalms:" and the purchaser or
| purchasers, or his or their assigns, or the
property sold, shall be liable for none OF
such claims, except rs, the same shall he
| determined and allowed by the court In
said cause upon such interycntlons. All
| Of such claims not presented by lnteryen.
tion IN said cause Within the time limited
| by this decree, shall be barred and shall
not be enforcihle, against the purchaser or
| purchasers, or his or their assigns or
/ against the property sold. And the pur-
chaser or purchasers shall be entitled TO
/ IN respect to such claim or any OF them,
/ and shall have all the rights In respect 10
/ such appeals which the plaintift, defendant
/ or receiver In said cause would have iu
| case such appeals had been taken by any
! OF them.
! The court reserves the wight 10 retakc
and resell said property in case OF failure
on the part Of the purchaser or purchasers,
| or MS or their assigns, to comply with any
nent Of receivers indeb{edness' or priSSr
lien claims within thirty days after serv.
! Ice Of certified copy ~ said order upon
| said purchaser or purchasers or his or
their assigns All payments for any such
! purpose made by the purchaser, or purchus
! ers' or his or their assigns In advance OF
/ the hual account and discharge of the re-
celyer, shall be treated as advances aud
accounting.
| crty shall also take same subject 20 nj
| taxes lawfully due thereon and to the vale
claims, or liens If any, against or upor
mcntS on account of the improving ans
paving Of the streets Of said city, and sale
sale shall he without prejudice 60 the right
IL any, which the snid city may have /,
establish ana enforce such claims or lien
claimed by the city OF Houston ngalns
the Houston Electric Street HALLWAY com
phny for payment of ts pro rata portion
for paving Of the streets on which sail
railway company has it's tracks.
As COON ms practicable after such sail
shall have been made, the undersigned mas
| ter commissioner will report the same I,
said court for confirmation, further certify
! ing to the court compliance by the pur
! chaser or purchasers with the conditions o
| said sale as prescribed in and by said de
| cree which Is duly recorded In the minutes
/ 40 TO OF, inclusive, which Is here referred
! TO as n part hereof for more complete
| statement Of It's terms and provisions.
II any bid shall be accepted by the court
and the person making the same shall fail
/ to comply With all tho conditions OF tn,
sale aud all the orders Of the court 10 re
/ spect thereto, the sum deposited by the
/ shall be applied as tho court shah direct
/ The undersigned master commissioner, upon
confirmation OF such sale and full com
| piiauce with the terms Of sale by the pur
| chuser or purchasers, viii make, cNecut,
! ana deliver TO the purchaser or purchasers
( thereof, or his or their assigns, o deed Of
/ deeds conveying all ana singular the above
! described railways, franchises, rights ant
/ privileges ana other properties aforesaid
and upon request of the purchaser or pur
| chHsers Ind the exhibit OF the master com
| mlgsiouers deed or deeds, the receiver hHv
/ ing possession OF the property sold VII
make, execute ana deliver y sold purchaser
! or purchasers good and sufficient deeds Of
conyeyances or evidences of purchase o.
any ana ail property sold; ana upon. con
with the terms of said sale by the pur
! chaser or purchasers, he or they shall b'
| entitled to deed or deeds of assurance I,
be executed according TO law by defendant
Houston Electric Street Railway company
and plaintin, international Trust company
] Upon the execution and delivery of sucl
! deed or deeds by the master commissioner
the grantee therein shall be let into posses
! sion of the premises conveyed aud the re
ceiver shall deliver all the premises whlci
4 may he In his possession over to the pur
! chaser or purchasers or his or their Is
| signs, including all bills accounts ant
! chooses In action of the defendant, and nj
| property received or purchased by the re
! celVer In the management or operation o
the property embraced In said conveyance
| or pertaining thereto. The purchaser o
purchasers OF the railways franchises
| rights, privileges and other property here
inbcfore described, shall be Invested witt
| aud shall hold, possess and enjoy the sam
and all the rights and privileges appertaln
Ing thereto as fully and completely as salt
| Houston Electric Street Railway compan
has heretofore held and enjoyed the same
and said purchaser or purchasers shall hay
and be entitled to hold the said railways
rights. franchises, privileges and othe
properties aforesaid freed and discharge
from the lien of the mortgage herein fore
| closed and from the claims of all th
parties 20 and interyenors In this suit, Q
! any OF them.
Reference Is made TO the above mer
toned decree for further particulars an
FOR more specific description Of the proI
erty TO be sold and the terms OF said salt
w. c. Oliver,
101-01 Master Commissioner.
EXCITEMENT INTENSE-Agents wantc
60 sell "Our Martyr Presidents" inst out
| the only authentic book, Introduction b
Senator CullOm giving lives OF Lincoln
Garfield and full account of the attempte