New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-09-06
MASTERS SALE.
CINCINNATI INDIANAPOLIs AND
WESTERN RAILWAY COMPANY.
NOTICE OF SALE
FIRST AND REF NDING MORTGAGE
FORECLOSURE


Suaut TO a decree Of foreclosure and sale
made and entered by the District Court or
the United states FOR the western District
OF Ohio. Southern Division. on June %.
1918, In a certain cause In equity pending
In said court entitled. The Equitable trust
Company OF New York and Elias J. Jscoby.
o. Trustees Complainants, against Cincln-
matt. indianapolis and Western Railway
Company. The Cincinnati. Hamilton 4 Day
ton Railway Company. and Judson Harmon
and Rufus y. Smith. as Receivers 81 The
Cincinnati. Hamilton & Dayton Railway
company, Defendants and certain de-
crees ancillary thereto entered in causes
likewise entitled IN the District Courts OF
the United states FOR the following dis
triets and on the following dates, VIZ
July 10. i9i5-DiEtrict Of Indiana,
July -. isl5-Eastern District OF III
nols
July II. is1b-southern District Of I'LL
nois. Southern Division.
]. Noble G. Butler. as Special Master. Will
sell At public auction 20 the highest bidder
or bidders at the freight house OF said
Cincinnati. Indianapolis and Western Rail-
way Company on the property OF said Ran.
way Company at the southwest corner OF
West and Georgia streets IN the cry OF
Indianapolis. County o. Marion. state or
Indiana and District Of Indiana, on Sep
TENDER .. 1918, AZ twelve o'clock noon, all
the railroads property, rights, franchises.
privileges. immunties and the appurte-
nanccs TO the same belonging. rolling stock.
contracts, chooses IN action, property. prem
ises and rights OF every kind and cescrlp-
ton covered by and embraced In Inc FIRST
and Refunding Mortgage 81 Cincinnati. In
dianapOlis q Western Railway Company.
dated December l, 1902, 10 North Amerl-
can Trust Company and Elias J. Jacoby, as
Trustees. under which said mortgage The
Equitable Trust Company Of New York and
same are described and defined In the
above mentioned foreclosure decree.
brief description % the property TO be
sold at said sale Is as follows:
l. ALL and singular the line OF railroad
Of the defendant Cincinnati. indianapolis
& Western Railway Company beginning At
Nef.
cinnati. Hamilton and Dayton Railway
Company in the city OF Hamilton In the
County Of Butler and State OF Ohio and
extending through the said county OF BUT
Ter. and through the counties OF Union.
Fayette, Rush. Shelby. Hancock. Marion
Hendricks. Putnam Parke, and Nermillion
In the State Of Indiana, and through the
counties OF Edgar Douglas, Platt' Macon.
Christian and Sangamon in the state OF
Illinois. 10 the City Of Springfield. In the
said County Of Sangamon; together with
all and singular the branch line OF railroad
Of said defendant Railway Company eT-
tending from Sidell IN the County OF Ner
million in the state Of Illinois through
the counties OF Nermillion. Edgar Coles.
Clark Cumberland. Jasper and Wchland.
to Olney In said County Of Richland.
H. Also. all lines OF railroad. terminals
extensions and branches. together with all
lands, equipment property rights and iran
chlses connected herewith or with me
use or operation thereof. and all roadbed.
auperstructures rights OF way. rails, tracks.
side-tracks. bridges, visducts buildings.
depots. stations, warehouses cerhouS'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
to said Railway Company, and al locono-
lives. engines cars and other rolling stock.
equipment. machinery, instruments. Tools
implements materials, furniture. fran
chises. chooses in action, contracts ana
agreements and other property forming
part OF said railroad and now pelohBlhs
10 said Railway Company, and whether or
not any OF the same Is herein specihcaIIy
mentioned or described.
III Also, all leasehods, leases. rights
under leases or contracts trackage agree
ments or operating agreements and an
rents. issues, profits, tolls and othet IN IN
come OF the Railway Company, ana AL
rights. privileges. franchises and proper
ties. real and personal. Of the sald deien-
dant Cincinnati. indianapolis q western
Railway Company
" Also. ali the right title and interest
Of Cincinnati Indianapolis & Western Ran.
way Company in and 20 certain parcels on
real property either owned by II. or in
which r. has or asserts an interest. and
which have been acquired from time 10
time. and which said parcels OF real prom,
erty are described in paragraphs ". ana
Y Of the description Of the Mortgaged
Property in the said foreclosure decree en-.
tered by the District Court OF the United
States for the Southern District OF Ohlo'
Western Division.
Y. Also. the rolling stock and equipment
described IN paragraph VI ana the con
VII and VIII Of the description OF the
Mortgaged Property IN said foreclosure de-
cree
nroperty TO be sold intending purchasers
are referred 10 the above mentioned fore
closure DEGREES. -
As provided by the above mentioned iore-
closure DEGREES:
The above mentioned railroads. property,
rights. franchises. privileges. immunlues
and the appurtenances TO the sdIle D -
action. property. premises and rights OF
every kind and description VIII be sold IN
one parcel and as an entirety -o- .,a
right 20 adj iourn said sale from time 70
time by announcement 1T the time ana
place appointed for said sale as aforesaid;
or for such adjourned sale or sales, and
may without further notice proceed with
the sale on any day to which the same
may be 50 adjourned. ,
The sale Will be made without appralse-
ment
The property will be sold subject 70 the
lien OF any and all taxes, assessments ana
water rates levied or assessed against the
mortgaged property or any part lhereol,
and subject to any other statutory liens
against the mortgaged property or any part
thereof which are or may be chargesbIe
unon said property or any part thereof
prior to the lien Of the said First and he-
funding Mortgage and also subject 10 the
lien Of the First Mor'gage ana supp
ments thereto OF the Indiana, Decatur "
Western Railway Company so far as tne
lien thereof is prior 70 the lien Of said
First and RefundIng Mortgage upon any %,
the railways and property covered by sara
First and Reminding Mortgage. The prop
ertv VIII be sold free and clear or any ana
all debts claims and charges other than
those above specified, ana any and AL such
debts claims and charges when may mere
after be adtudged to be prior or superior
10 said First and Refunding Mortgage shall
be payable out Of the proceeds OF me haIo
Of the said property. all questions relating
TO the priority or superiority OF any and an
such debts, claims and charges pelns re-
served for future determination, except IN
50 FAR as the same have been determined
by order OF the above named Court IN TINS
cause dated May p. 1915.
,rha Snecial Master will accept no bid for
less than $2.lOO.o0o and he Will receive no
hid from any one offering TO bid who shall
not deposit at least twenty-four hours pc
fore the time appointed for such saie, WIN
the Special Master, as a pledge tnat ne
will make good his bid In case OF us &C
centance the sum OF $4,000. in cash or
nv certified cheQue on some National Bank
or Trust Company OF the cry OF new lOIh
acceptable TO the Special Master or IN r, neu
thereof $4,000, face amount OF SAID First
and Refunding Mortgage Gold Bonds IL IN
bearer form and accompanied by the cou.
pom due July 1919 and an sqGse sIdcent
the highest and best bid received, equal 10
or exceeding the sum OF SZ,looVoV, When
offered as Aforesaid, and VIII Knock Gown
the property sold 10 Such BIDDER, supJt.'
70 connrmat ton OF the sale by the Court
on the acceptance Of any bid by inc Spe-
claI Master the bidder whose bid snail nave
been accepted must forthw!th uep.sa M,.h
the Special Master in addition to the cash
or honds deposited in order to quarry MN
TO bid. the additional sum OF Sfo.OVV IN
cash or by certified cheque on some Ga-
tional Bank or Trust Company In the Guy
~ New York acceptable TO the Special
Master or IN lieu thereof Woo. race
amount Of said First and Reminding mort
gage COLD BONDS with coupons attached as
h. received