The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1902-03-06
STATE OF MINNESOTA COUNTY OF

| STATE OF MINNESOTA, COUNTY OF
Ramsey-District Court, Second Judi
cial District
In the Matter of the Assignment of Will
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 Spe-
cial 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 insOlvent estate be offered for
sale at public vendue to the highest bid
der therefor, for cash, at The Aud1tort-
UNI, in the City of st. Paul, in said Coun-
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 a different place, by making public
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
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
3. That said assignee may employ an
auctioneer 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
for 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-
erty known as Phalen Park Addition in
said schedule shall be first offered for
sale as one parcel, and, provided further,
that parcels 1874 and 240 in said schedules,
shall be first offered for sale as one par
eel. unless prior to the time said par
cells 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 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 1854 and 240 to be Of
fered for sale in one parcel, as aforesaid.
5. 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
his 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
have been duly proved and allowed in
this proceeding, shall be accepted by the
| assignee at such sale, said cash deposit
may be waived by the assignee to the
extent of per cent of the claim Of
such creditor as allowed in this proceed
ing.
s. All the real property sold by the as
signee at public sale shall be with good
and marketable title, subject only to such
defects or tax or other liens or encum-
brances, as may be specified in the ad-
VertiSement of said sale, or publicly an
nounced by the assignee at the time Of
said sale.
7. That every bidder whose bid shall
be accepted at such sale shall be fur
| nished with an abstract of title within
fifteen days after said sale, and in case
Of the confirmation of the bid the sue
| cessfuI 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
| 6Iidil D6 ISIuTHeu TO the assignee ana the
amount Of said bidders cash deposit
shall be returned to him and his voucher
taken therefor.
5. Said assignee shall cause said sale to
be advertised by publishing a copy of
this order in at least three daily news
papers, published III 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 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 and proper. He shall
| also cause 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
| filed with his said petition.
| 8. 1t is further ordered that said as
Slgnee shall make a full report to this
| Court at a Special term thereof, to be
| 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 applica-
| lions for confirmation thereof and obiec-
uons 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 at the
| same time and place, the said assignee
! shall make report to this Court, show
| 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
| cldent to said sale, as near as they can be
! 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 a 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 may
| 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-
| thol1Z1ng 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 creditors dividend as
he. may desire to apply upon the purchase
| price OF his bid upon receiving a proper
| voucher from said creditor acknoWledg-
| ing payment of the amount Of said divi-
dend, so applied in payment of his said
| purchase price.
10. 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
OLlN b. LEWIS,
! District Judge.
Countryman &, Morrison,
Attorneys for Assignee,
6O4 New York Life Bldg.