New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-04-16
RECEIVERS SALES.

Court Of the United States for the southern
District OF New York.-The Underground Slec-
complainant. against Louis E. Owsley, as exec
utor of the last VIII and testament of Charles
L. Gerkes, deceased, and Others respondents.
Notice is hereby given that, pursuant to a
decree OF sale made In the above entitled
Sa,Se' DeaIlhs ua'e lhe "a Gay OF january
1910 and entered in said cause. the under
signed, the Receiver in said cause will sell
at public auction. at No. SEA Fifth Avenue, in
the Borough OF Manhattan. in the City, County
and State of New York. the premises to be
sold, on the eleventh day of April, 1910. at
twelve o'clock noon. by Joseph p. Day, auc-
tioncer. the following real property. by said
decree directed to be sold, and therein de-
scribed as follows:
All that certain piece or parcel Of land, with
the building and Improvements thereon erect
ed, situate. lying and being in the Borough OF
Manhattan City. County and State OF New
York. bounded and described as follows:
Beginning at the corner formed by the in
with the southerly side of GSth Street; running
nue. one hundred 1OO) feet five (51 inches TO
the centre line Of the block between 6Sth and
9th Streets; running thence easterly along
hfty-three G53) feet thence northerly. and
parallel with Fifth Avenue. one hundred (1OOl
6sth Street. thence westerly. along said south
erly line Of 6sth Street. one hundred and fifty
ginning. said premises being in section 5.
Block 1852. on the Land Map of the City of
Said sale will be made in the following
manner:
The undersigned VIII rrSt Ofier for sale
separately the following parcel. part of said
premises. and Will note the highest bid there
Beginning al a point in the easterIy side of
Fifth Avenue. distant sixty feet five inches
erly side OF SiXty-eishth Street and the east
erly side OF Fifth Avenue; and running thence
southerly. along the easterly side of Fifth
Avenue. forty feet; thence easterly. parallel
with Sixty-eighth Street. one hundred feet:
thence northcrly. parallel with Fifth Avenue
forty feet: and thence westerly. parallel with
Sixty-eighth Street. one hundred feet to the
easterly side Of Fifth Avenue. at the point OF
The undersigned will next offer for sale sep
orately the residue OF said premises and viii
note the highest hid therefor. The under
signed will then offer for sale the said real
property as an entirety and Will note the high
est bid therefor and the bids for the separate
parcels VIII only be received and noted or
condition that the said real property shall
subsequently be offered for sale as an entirety
[ II the highest bid for the said real property
when offered for sale as an entirety shall ex-
coed the aggregate Of the several highest bids
therefor when offered for sale in said two
parcels. then said real property VIII be stricken
of and sold as an entirety 10 the highest
bidder therefor If. however. the highest bid
| received and noted for said real property q:
an entirety shall not exceed in amount this
offered separately. then the several parcels
offered for sale will be stricken of and sold
| TO the highest bidders for the separate parcels
No bid will be accepted for said real prop
erty entirety less than the sum OF four
teen hundred thousand dollars O0.000)
nor for either CT the parcels offered separa tely
unless the aggregate bids for said two parcels
]
sum. and unless said sum is bid the under
signed will adjourn the sale and apply TO the
court for further instructions No bid VIII BE-
received from any one Offering 10 bid who shall
not prior to the Offering OF such property fol
sale. deposit with the undersigned or deliver e
the undersigned as a pledge that such bidder
will make good his bid IN the event of its
acceptance. either In cash or a certified check
on some bank or trust company IN the Dor
ough Of Manhattan. in the City Of New York
satisfactory 10 the undersigned: in the case OF
said parcel TO he hrst orered for sale the sum
Of $50 600. In the case Of the residue OF said
real property the sum OF 100000, and in the
case OF said real property as an entirety ths
/ The deposit made by any bidder for a sep
] arate parcel may so far as applicable be ap.
I piled on account of the deposit to be made By
I him bidding FOR said two parcels wher
/ offercd for sal, as an entirety Any deposit
/ so received from an unsuccessful bidder will
. be returned to him. ana the deposit so re-
| ceived from any successful bidder will be a
I piled on account Of the purchase price OF the
property sold 20 him. in case any bidder shall
/ fail. after acceptance of his bid by the under
signed. to comply with any order OF the court
relating TO the payment thereof the con
[ summation Of the purchase. the sums deposit
I forfeited penalty for such failure ant
| viii be applied 10 the payment Of the ex
| any deficiency loss in case the prOQert,
shall be sold at less price on such resale.
Tho sale OF said real proDerty VIII be mad'
Z free from membranes, and any incumbrancct
/ al the time Of sale on any thereof so sold vii
/ be paid out OF the purchase price.
! The purchaser shall. on the confrma ton o.
! the sale by the court. pay the residue Of thu
J purchase price IN CHsn ana Nlthln tnirty daSi
/ after SUCH conhrrnatloh az such pace IN th'
: CITY Of sew York, and at such time thi
Z court may In the OF der Of confirmation. direct
I II such sale shall not be confirmed by tn
! court such deposit will be returned to the bid
I der. In the puTcha ser shall fall or Omi
| to make any payment on account OF the unpais
J balance OF tha purchase price, In accordance
] with the requirements az any order for sucl
! payment the property NAV be rcsold on sucl
! notice as the court NAV direct.
Upon confirmation Of the sale Of said rea
I property and Payment 81 the purchase price
/ the undersigned viii execute deed or deed
| and other proper instruments conveying arC
I ira nsferrinR such property purchased to tn
/ purchaser purchasers. his or their success
I sors assigns IA Zee simple and upon tn
4 execution and delivery OF such deed or deeds
/ the grantee or grantees therein named VIII b.
/ let INTO the Dossession 81 the premises so con
I said cause having possession OF the same vii
/ deliver ouch property over 20 the purchaser a
] purchasers. hts or their SUCCESSORS assigns
I and such purchaser or Durch ascrs his or thei
/ Successors or assigns shall he entitled 90 hold
possess ana enjoy the same free and dis
Z CHARGED from al claims and rights Of 81
/ narties 90 this sult and those claiming unde
/ them. Fer further particulars reference .
made 20 said decree.
/ DATED New YORK March 9Th 1910
The Fsle described In the above notice ha
been adjourned 90 Wednesday, Anrii 10Th. 1Ht0
| az Il o'clock noon. on the premises Co he sold
! At such adjourned sale. in accordance with thi
order or the Court herein (made and entere'
/ on April II. 10lol. the Receiver wiz ofer ~
1 property above described for sale in parcel
/ nrd ~ an entirety iu the manner D-eS~rii'ed y
tho above no'iec @nd satd decree Pt'T WIrH
! ONT RESTRICTION As TO UPSET PRICf
I and subject to confirmation Nv the Court.
Dated New York April II 1910.
CHARLES c. BCRLINGHAN
Receiver.
4 NewT Xs.r II lfNF