The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-13

In the Matter Of the Assignment of VIII
liam Dawson, Insolvent
The petition of the assignee of said In
solvent and the order to show cause why
said assignee should not be authorized
and directed to sell the remaining real
property of said insolvent at public auc-
ton, came duly on to be heard at a Spe-
clal term on the 18th day of January,
1902, and after a full hearing and consid-
Grafton of said matter, the Court hereby
orders:
l. That all the remaining real property
of said lnsolvent estate be offered for
sale at public Vendue to the highest bid
der therefor, for cash. at The AuditOri-
UNI, in the City Of St. Paul, in said Coun-
ty, on Tuesday, April Is, 1902, at 10
o clock a. m, and that said sale be CON
tinued from day to day until completed.
Provided, however, that if in the judg-
ment of the assignee an adjournment Of
said sale for a longer time than one day
is advisable, he may make such adjourn
ment or adjournmentS and to the same
or different place, by making pubic
announcement thereof at the place where
said sale is being carried on at the time
2 On the said 18th day of April, 1902
Immediately before the commencement Of
the sale of said real property, the said as
Slgnee shall also offer for sale in like
manner all the then remaining personal
property, claims and demands, belonging
to said 1nsolVent estate in such separate
parcels as he may deem proper
3. That said assignee may employ an
auctioneer- or such other assistants in
conducting said sale as in his Judgment
is necessary and proper.
T. That in making said sales Of real
property the assignee may offer the same
Tor sale, either In parcels as arranged In
the schedule of property filed with his
said petition, or in such other or differ
ent parcels as in his judgment will be
most advantageous and convenient
Provided, however that parcels num-
bered 1856 to ITS inclusive, being the prop
erty known as Phalen Park Addition in
said Cnhn6Irln haII hn Avst-r CfFa e.
sale as one parcel, and, provided further
that parcels 1874 and 240 III said schedules
shall be first offered for sale as one par
eel. unless prior to the time said par
GELS 1874 and 240 shall be reached in the
order of sale the assignee shall be re-
quested by intending purchaser or pur-
chasers to offer for sale separately either
OF said parcels or some specified norton
or portions of either of SAID tracts, IN
which case the assignee shall cause such
parcel or parcels, or such portion or por-
lions so designated to be offered for sale
separately, but II no bids satisfactory to
the assignee shall be made for such por-
ton or portions then the assignee shall
cause such parcels 1874 and 240 to be Of
fered for sale in one parcel, as aforesaid.
D. That all bidders whose bids Shall be
accepted by the assignee at such sale
shall be required at the time to pay to
the assignee IN cash, an amount equal to
10 per cent of their respective bids. Said
amount to be credited upon the purchase
price If such bids shall be confirmed but
to be forfeited to the estate in case such
bidder shall fail or refuse to complete
MS purchase after confirmation in ac-
cordance with the terms Of said sale
Provided, however, that where bids made
by creditors of said estate whose claims
nave been duly proved and allowed in
this proceeding, shall be accepted by the
assignee at such sale, said cash derosit
may be waived by the assignee 10 the
extent of per cent of the claim Of
such creditor as allowed in this proceed
ing.
g. All the real property sold by the as
slgnee at public sale shall be with good
and marketable title, subject only to such
defects or tax or other liens or encun-
brances, as may be specified in the adj
Vertsement of said sale, or publicly an
nounced by the assignee at the time of
said sale.
Z. That every bidder whose bid shall
be accepted at such sale shall be fur
nished with an abstract Of title within
hfteen days after said sale, and in case
Of the confirmation of the bid the sue
cessful bidder shall be allowed twenty
days from the date of said confirmation
to complete his said purchase and to
make payment to the assignee Of the
balance Of the purchase price. In case
the title to any parcel Of land so sold
Shall be found to be unmarketable and
cannot be made marketable within the
time herein allowed for the completion Of
the sale, the abstract of title thereto
shall be returned to the assignee and the
amount of said bidders cash deposit
shall be returned to him and his voucher
taken therefor.
be. advertised by publishing a copy Of
this order in at least three daily news
papers, published in the City Of ST. Paul
once each week during the month Of
March, 1902, and during the two weeks in
April preceding the day Of said sale, also
by mailing copy Of this order to each
Of the creditors Of said insolvent whose
claims have been allowed in this Dr1-
CeeQln2. Of
herein, no later than January 10Th, 1902
The assignee is hereby authorized and
empowered to give such other and fur
Their publicity to said sale bV advertise
ment and public announcements as he
may deem suitable and proper He shall
also cause to be delivered to all said
creditors and all other persons intending
70 attend at said sale who may apply
therefor, a copy of the printed list Of said
property as contained in the schedule
filed with his said petition.
y 1t is further ordered that said as
slgnee shall make a full report to this
Court at a Special term thereof. to he
held on Saturday, May 3rd, 1902 at 10
o clock a. m, showing all accepted bids
received at SAID sale, the name Of the
purchaser, the amount Of the bids, and
thereupon the Court will hear aDn1ica-
lions for confirmation thereof and chico
uons thereto. It shall not be necessary
Tor the assignee to give any other or
further notice of the making Of said re-
port 1t Is further ordered that az the
same time and place, the said assignee
snail make a report to this Court. show
ing the amount of cash then in his
nands as such assignee, the amount ex-
pected to be realized from the receiDts or
SAID sale, the amount Of the expenses in
c1dent TO said sale, as near as they can be
ascertalned, and the probable amount of
all other expenses to be incurred in the
course of his administration of said es
tate and all other information likely To
assist in arriving at q reasonable asti-
mate as to the dividend which will final
ly be paid to creditors in this proceeding
and upon the hearing of said report the
assignee may apply to the Court for an
order authorizing him to declare and paw
such partial dividend to creditors as NAV
be proper under the circumstances. In
case such dividend shaIl~be authorized
the assignee may at the same time and
place apply to the Court for an Order au-
thOl1Zing him to conSummate sales m
creditors whose bids have been accented
and confirmed, by treating and accepting
as cash toward the payment of the pur-
chase price of such bids, such portion Of
the amount Of such creditors dividend az
ne may desire to apply upon the purchase
price or MS bid upon receiving 4 prOna1.
voucher from said creditor acknowIefo
ing payment of the amount of said div7
dend, so applied in payment of his said
purchase price.
TO-. Nothing in this order contained
snail interfere with the authority or dis
erection of the assignee in making privafa
sales Of any of the property of said es
tate, prior to the time of said public sale
st. Paul, Mimi. January IA, 1902
OLlN B. LEWIS
District Judge