The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-09-10
SPECIAL NOTICES.

lulEeu " ~ ~ purchaser may satisfy ana
make good the balance OF SAID Dlu, ~ doing
or in part, by paying on ana sso,no,,s per,
toin}ng thereto. secured by the mortg'TSS
forec0sed In and by the sald ueSlvyt' mel,
bonds and coupons TO be receiver ~ 10 thc
nrice or value as shall be equivalent Va We I've
nmount that the holders thereof wouiu ~
entitled to receive thereon IN case ,"e 1Sbc
tire purchase price were paid IN cs .Nidar ar |
plaintlff in said cause, or any hui 't, oye |
boiders Of bonds secured by the mortgah39JJ
foreclosed In and by said decree, may ~
and purchase at sale. -. s,,cb sale |
ThF purchaser or purchasers ~ SUN ,nh
shall ne n part OF the consideration Tor sun |
sale and in addition to the pIlovt ~ az
take the property purchased upu.h ,hnt Inc |
press condition that to the en naa and the |
earnings and income during the receIrIJ'c |
shin herein shall he insufficient !" .nnhns
such payments, said purchaser III, nr ppotwlfh.
sfnnding nav of and satsfy any anu ~
receivers Indebtedness or oDUgatlons' W ~
shall not be paid by the receiver ti, nr %u
Inc income and earnings OF tue pr3PelG
hercinbefore described, or whlch Shull NJ NJ
he paid out of the proceeds oil sa u III thorc
forth in the decree, which may ,, pe Inv
after filed within period 10 pc hlnitc" ~
an order OF said court, but only when an d
as the court shall allow such cIallns ane
adjudge them to be paid by the purffnnaSoeiioo
The purchaser or purchasers NJ sa sun S Sion
shall also as a part of the conslderhlloih
therefor. and In addition to the price pu,g,
take the property purchased npoh ny no
press condition that to the extent tn1t ~
money i'm The receivers hands, ana the
earnings and income during me receiVvtt
ship herein, and the proceeds OF tne SUE Tl
the lands and premises described IN me ~
cree, and held not to be subject 10 INC nc
mortgage in said cause forcclosed' snal "
insufficient to make such payments such
purchaser or purchasers, or MS or ln S 40,
signs, will. Notwithstanding, pay of ana
sntisfy all claims for damages on account
of injuries to persons or propeI,fg no" onv
Of the courts of Harris county, Texas,
against defendant, the Houston Electrlc
Street Railway company, and all other
claims against said dcicndant hceruius
ment of the receiver herein. for damages
TO persons or property arising out OF the
operation of the property covered ny nv nv
mortgage herein foreclcsed; ana all clhlns
accruing within six months before the APP
pontmcnt of the receiver herein, Tor ma
tera aud supplies sold defendant and USED
by It In the maintenance, operation ana
repair OF said property; but all such claims
shall be presented by intervention III salu
cause within three months from the date oil
this decree. The master commissioner ~
directed by the decree to publish in some
daily newspaper published In the CITY OF
Houston notice for thirty days To pre-
sent such cams:" and the purchaser or
purchasers, or his or their assigns or the
property sold, shall be liable for none OF
such claims, except as the same snail pc
determined and allowed by the court In
of such claims not presented by lnteryen,
ton In said cause within the time llmlteu
by this decree, shall be barred and shall
not he enforclble 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
appeal from any and all orders or DEGREES
In respect to such claim or any Of them,
and shall have all the rights In respect TO
such appeals which the plaintiff, defendant
or receiver in said cause would have In
case such appeals had been taken by any
of them.
The court reserves the right to retake
and resell said property in case of failure
on the part of the purchaser or purchasers,
or his or their assigns, to comply with any
order of the court in respect to the pay
ment of receivers Indebtedness, or prior
| lien claims within thirty days after sery-
| ice of certified copy of said order upon
! said purchaser, or purchasers, or his or
1 their assigns. All payments for any such
purpose made by the purchaser or purchas.
ers or his or their assigns, in advance of
| the hnal account and discharge of the re
ceiycr, shall he treated MS advances and
subject to the final adjustment upon such
| accounting.
The purchaser or purchasers of said prop
| erty shall also take same subject TO nil
taxes lawfully due thereon and TO the valid
claims or liens, If any, against or upon
/ same by the city Of Houston for assess.
mcnts on account of the improving and
| paving of the streets of said city, and said
| sale shall be without prejudice to the right,
| IL any, which the said city may have to
! establish and enforce such claims or liens
| claimed by the city OF Houston against
| the Houston Electric Street Railway com
| pany for payment of its pro rata portion
for paving of the streets on which said
! railway company has Its tracks.
As soon as practicable after such sale
| snail have been made, the undersigned mas
| ter commissioner Will report the same TO
! said court for confirmation, further certify.
! ing to the court compliance by the pur-
| chaser or purchasers with the conditions of
said sale as prescribed In and by said de-
ia sN1n I. rrV1v
! of said court In volume ), on pages from
/ 10 to 81, inclusive, which Is here referred
| to as n part hereof for more complete
statement of its terms and provisions
| If any bid shall be accepted by the court
and the person making the same shall fail
TO comply with all the conditions of the
sale and all the orders Of the court in re-
spect thereto, the sum deposited by the
bidder shall he forfeited by the bidder and
shall be applied as the court shall direct
The undersigned master commissioner, upon
confirmation of such sale and full com
pliance with the terms of sale by the pur
chaser or purchasers, will make, execute
and deliver to the purchaser or purchasers
thereof, or his or their assigns a deed oil
deeds conveying all and singular the above
described railways franchises, rights and
privileges and other properties aforesaid
aud upon request of the purchaser or pur
chasers and the exhibit of the master com
mlSsloner's deed or deeds, the receiver hav
Ing possession of the property sold will
make, execute and deliver to said purchase,
conNeNanccs or evidences of purchase OF
any and all property sold and upon con
hrmation of said sale and full compliance
with the terms of said sale by the pur
chaser or purchasers, he or they shall n,
entitled to a deed or deeds of assurnn noe 1,
be executed according to law by defendant
Houston Electric Street Railway companv
and plaintiff, international Trust conpnny
Upon the execution and delivery OF sucl
deed or deeds by the master commissioner
the grantee therein shall he let into Dohsps
sion OF the premises conveyed and the re
ceiver shall deliver all the premises which
may be In his possession over to the Dnr
chaser or purchasers, or his or their MS
signs, Including all bills accounts anC
chooses In action OF the defendant and MI
property received or purchased by The re
ceiver In the management or operation q
the property embraced In said convryance,
or pertaining thereto. The purchaser "a
purchasers of the railways franchises
rights, privileges and other proporty hero
inbefore described, shall he Invested viii
ana shall hold, possess and enjoy tbe snm,
ana all the rights and privileges appertnIn
Ing thereto as fully and completely MS All,
houston Electric Street Railway comDnn,
mas hegetofore held and enjoyed the same
anu sHlu purchaser or purchasers shall hay,
ana be entitled to hold the said RAILWAYS
! rights, franchises privileges ana otSe
properties aforesaid freed and dlschorge,
from the lien of the mortgage herein fore
closed and from the claims of nil IN,
parties 70 and lntervenors In this suit n
any OF them. Ems 'ui''
Reference Is made to the above mon
TONED decree for further particulars an,
. | Tor a more specific DISSERTATION ~ - 49,.