The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-04-03

STATE OF MINNESOTA, COUNTY OF
IA hSSHesy-Distrlct Court, Second Judi
In the Matter Of the Assignment of vii
liam Dawson, InsoIvent
ne 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-
non, came duly on to be heard at a Spe-
1SUz, and after full hearing and consid-
orders:
l. That all the remaining real property
Of said insolvent estate be offered for
sale at public vendue to the highest bid
DER therefor, for cash, at The AuditOri-
ty, on Tuesday, April Is, 1902, at 10
O'Clock a. m, and that said sale be con-
tlnued from day to day until completed.
Provided, however, that if in the judg-
ment of the assignee an adjournment Of
sald sale for longer time than one day
Is advisable, he may make such adjourn
ment or ad1ournments. and to the same
or different place, by making public
announcement thereof at the place where
said sale is being carried on at the time.
z. On the said 18th day Of April, 1902,
Immediately before the commencement OF
the sale OF said real property, the said as
Signee shall also offer for sale in like
manner all the then remaining personal
property, claims and demands. belonging
to said insolvent estate in such separate
parcels as he may deem proper
.. That said assignee may employ an
auctloneer or such other assistants in
conducting said sale as in his judgment
is necessary and proper.
4. 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 155 to 175 inclusive, being the prop
efty known as Phalen Park Addition i'm
said schedule shall be first offered for
sale as one parcel, and, provided further.
that parcels 1S4 and 240, in said schedules,
shall be first offered for sale as one par
Gel. unless prior to the time said par
GELS 1S4 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
or said parcels or some specified portion
or portions of either of said tracts IN
which case the assignee shall cause such
parcel or parcels, or such portion or por-
tiOns so designated to be offered for sale
separately, but If 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
.. 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
E.
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 I'm aC-
cordanCe with the terms OF said sale
Provided, however, that where bids made
| by creditors of said estate whose claims
have been duly proved and allowed I'M
this proceeding, shall be accepted BY tho
assignee at such sale. said cash deposit
may be waived by the assignee to the
extent of per cent Of the claim 1f
such creditor allowed in tbfs
ing.
8. All the real property sold by the as
slgnee at pubic sale shall be with good
ana marketable title, subject only to such
defects or tax or other liens or encum-
brances. as may be specified in the adj
Vertisement of said sale. or publicly an
said sale
7. That every bidder whose bid shall
be accepted at such sale shall be fur
nlShed with an abstract of title within
| fifteen 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
snail be found to be unmarketa BILE and
cannot be made marketable within the
time herein allowed for the completion of
the sale, the abstract of title thereto
snail be returned TO the assignee and the
amount of said bidders cash deposit
shall be returned to him and his voucher
taken therefor.
8. Said assignee shall cause said sale 10
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 jn
| April preceding the day Of said sale also
! by mailing copy of this order 10 each
of the creditors of said insolvent whose
claims have been allowed in this pro-
ceeding, and their attorneys of record
| 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 by advertise
ment and public announcements as he
may deem suitable Snd proper. de shall
also cOuse to be delivered to all said
creditors and all other persons intending
| TO attend at said sale who may apply
therefor, copy Of the printed list Of said
property as contained in the schedule
1led with his said petition
.. 1t is further ordered that said as
slsnee shall make a full report to this
Court at Special term thereof, 10 be
| held on Saturday, May 3rd, 1902 Al 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 applica-
| tons for confirmation thereof and Obiec-
/ lions thereto. 1t shall not be necessary
for 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
l.
! ing the amount Of cash then in his
| hands as such assignee. the amount ex-
pected to be realized from the receipts OF
said sale, the amount Of the expenses in
cident to said sale. as near as they can De
ascertained, 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 reasonable esti-
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 shall be authorized
the assignee may at the same time and
place apply TO the Court for an Order au-
tholiZing him to cOnsummate sales to
creditors whose bids have been accepted
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 creditor dividend as
he may desire to apply upon the purchase
voucher from said creditor acknowIedg-
| ing payment Of the amount Of said divi-
dend, so applied in payment Of his said
purchase price.
TO- Nothing in this order contained
shall interfere with the authority or dis
erection of the assignee in making private
sales of any Of the property Of said es-
tate, prior to the time Of said public sale
St. Paul, Mimi. January IA, 1902.
OLIN Il. LEWIS.
District Judge.
Countryman & Morrison.
Attorneys for Assignee,
60I New York Life Bldg