New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-16
MASTERS SALE.
CINCINNATI. INDIANAfOLIs AND
WESTERN RAILWAY COMPANY.
NOTICE or SALE
FIRST AND REBUILDING MORTGAGE
EORV(IOSlfRF

| Of ohio. Southern Division. on June 90
! 1915. IN a certain cause In equity pending
! Company Of New York and Elias J. Jaccby.
| as Trustees. Cowplatnsnts against Cincin-
natl. indianapolis and Western Railway
! Company. The Cincinnati. Hamilton & Day
ton Railway Company, and Judson Harmon
and Rufus y. Smith. as Receivers Of The
Cincinnati. Hamilton Dayton Railway
| crees anclllary thereto entered in causes
! likewise entitled In the District Courts OF
the United states for the following dis
! July IA. lgi5-Distrirt OF Indiana.
July II. 19l5-Eastorn District OF I'LL
July II. isI5-southern District Of ILL.,
| nois Southern Division.
/ l. Noble G. Butler ~ Special Master, VIII
sell at public auction to inc highest oidaet
! Cincinnati indianapolis and western RAIL
> way Company on the property of said Ran.
way Company at tne southwest corner o,
west and Georgia streets IN the city Of
Indianapolis. County Of Marion, state OF
Indiana and District ~ Indiana, on sep.
4 TENDER O. 1915. at twelve o'clock noon. all
the railroads. property. rights; franchises
! privileges immunitics and the appufte-
/ nanccs 10 tho same belonging, rolling stock
/ contracts. chooses IN action. property, prem
! ises and rights Of every KIND and descrip.
J ton covered 10y aud embraced IN the First
/ and Refunding MoTtgags ~ Cincinnati, IN
I dated December I. 1902. to North Ameri-
/ can Trust Company and Elias J. Jacohy, as
, Trustees under which said mortgage me
! Equitable Trust Company ~ New York ana
/ Elias J. JdCohy are now Trustees, as inc
/ same are described and Defined In the
! above mentioned foreclosure decree
! a brief description Of the property TO ne
! sold at said sale II as follows:
l. ALI. and singular the line OF railroad
/ OF tho defendant Cincinnati. indianapolis
! & Western Railway Company beginning AZ
/ the junction with the tracks OF The en-
cinnati. Hamilton and Dayton Railway
] a, sts TlfftI nj Hat a. Of
! extending through tho said county OF But
Ter and through the counties Of Union
] Fayette. Rush. Shelby. Hancock Marion
I Hendricks Putnam. Parke. and Nermillion
4 in the state Of Indiana, and through the
/ counties OF Edgar. Douglas. Piatt. Macon:
! Christian and Sangamon In the state OF
/ Illinois. to the city Of Springfield. in the
/ said County OF Sangamon; together with
all and singular the branch line Of railroad
/ tending from Sidell In the County OF YER
/ million in the state OF Illinois through
/ the counties OF vermillon, Edgar. Coles.
| clark. Cumberland. Jasper and Richland'
/ 10 Olnty In said County OF Richlsnd
IL Also. all lines Of railroad. terminals
! extension. and branches, together with all
| lands. equipment. property rights and fran
| chises connected herewith or with the
! use or operation thereof. and all roadbed.
/ side -tracks. bridges. viaducts. buildings
/ depots stations. warehouses, carhous's.
/ engine houses. freight houses. coal houses
/ wood houses and machine shops; turn
/ tables. water stations. docks, telegraph
lines and Telegraph poles used in connec-
/ ton with said railroad and now belonging
/ 10 said Railway Company. and all locomo-
! tives engines cars and other rolling stock
| equipment. machinery. instruments. tools
implements. materials. furniture iran,
! chises chooses in action, contracts ana
1 agreements and other property forming
: part Of said railroad and now belonging
/ to said Railway Company. and wiener tia %, OF
/ not any OF the same Is herein speclhcaIly
mentioned or described.
/ III Also. all leaseholds, leases. rights
under leases or contracts. usckage agree,
ments or operating agreement ana an
( rents issues profits. tolls and other In
come Of the Railway Company, and all
/ rights. privileges, franchises and proper
! ties real and personal Of the said defen-
dsnt Cincinnati. Indianapolis western
/ Railway Company. ,-..,
/ ". Also. all the right tue ana interest,"
/ OF Cincinnati Indianapolis & western nan.
/ way Company in and TO certain parcels or
real property either owned by II. OF IN
which IT mas or asserts an Interest ana
I which have been acquired from time 70
/ time and which said parcels OF real prop,
erty are described I'm paragraphs ~. ana
/ Froperty in the said foreclosure decree en-
] tered by the District Court OF the United
/ states for the Southern District OF ONO
7 Western Division.
V Also. the rolling stock and equipment
/ described in paragraph VI. and the con-
/ tracts and leases described IN paragraphs
VII and VIII Of the description ot the
Mortgaged Property In said foreclosure de-
For a more detailed description of the
nroperty 10 he sold intending purchasers
| are referred TO the above mentioned fore-
| closure DEGREES.
As provided by the above mentioned fore
/ Tbe aboye mentioned railroads. property,
/ rights franchises. privileges. immunities
/ and the appurtenances 70 the same pc
| longing rolling stock, contracts, choses IN
action, property. premises and rights OF
every kind and description viii be sold IN
: one parcel and a. an entirety.
The Special Master has the power ana
r right 10 adjourn said sale from time 10
I time By announcement at the tune snd
place appointed for said sale as AFORESAID;
T or for such adjourned sale or sales ana
4 may without further notice proceed win
/ the sale on any day 20 which the same
may be so adjourned.
/ The sale will be made without apprsise-
/ ment .
The property will be sold subject 70 the
/ lien OF any and all taxes, assessments ana
/ water rates levied or assessed against me
! n,ortgaged property or any part thereof.
/ and subject TO any other statutory Hens
against the mortgaged property or any par,
| upon said property any part thereof
| prior 20 the lien Of the said First and Re
| funding Mortesse and also subject 10 the
/ lien OF the First Mortgage and supple
! ments thereto OF the Indiana, Decatur *
/ Western Hallway Company so FAR as the
/ lien thereof is prior 10 the lien OF sala
/ First and Refunding Mortgage upon any OF
/ the railways and property coVere9 Dy saIu
| First and Refundng Mortgage. The prop
/ erty will be sold free and clear or any ana
/ all debts claims and charges other than
: those above specified. and any ana all such
/ debts, claims and charges which may mere
after be adJudged TO be prior or sups LII
| be paya Bile out Of the proceeds OF the sale
/ Of the said property. az questions reIa .
! TO the priority or superiority Of any and all
/ such debts. claims and charges oelng re-
/ served for future determination except IN
| so far as the same have been Determined
| by order Of the above named Court IN this
/ cause dated May y. 1915.
/ The Special Master will accept no bid Tor
/ less than $500 900, and he VIII receive no
bid from any one offering to bid who shaII
I not deposit, AT least twenty-four hours Pc
/ fore the time appointed for such sale WIN
/ the Special Master. as a pledge mat ne
= will make good his bid in case OF its &C
/ cept.ncc. the sum of s25. 900. in cash or
10y certified cheque on some Natonal Bshh
I or Trust Company OF the city OF New i9Ih
acceptable to the Special Master or In iieu
thereof $4,000, face amount OF ssld f,rst
! and Refunding Mortgage Colo Bohns II III
/ bearer form and accompanied by the oou
/ coupons The Special Master will accept
the highest and best bid received. eaus 10
! or exceeding the sum Of 'Z,lOOVVu, Hhen
| offered as aforesaid. and Will Knock uonn
! The property sold TO such bidder, subject
10 confirmation Of the sale by the Court
/ on the acceptance Of any bid by the Spe-
, cial Master the bidder whose bid snall hase
/ been accepted must forth with deposit with
the Special Master. In addition TO the cash
or bonds deposited in order to quarry MIN
to bid. the additional sum OF 'tS.ooV;
cash or 10y certified cheque on some IA
tionAl Bank or Trust Company IN me 10y
I OF New York acceptable 20 he
. Master. or In lieu thereof $l50.oOo.' race
/ amount Of said First and Refunding Mort
/ gage Cold BONDS with coupons sttacheu -
/ aforesaid The deposit received rom any
/ unsuccessful bidder will be returned 70
. him when the property shall be struck on;
/ The deposits received from the success ~.
bidder will be applied on account OF nv
purchase price. In lieu OF any deposit on
/ First and Rcfunding Mortgage Gold bonds'
/ a. osornsatd the SneciSl Master may &C