New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-09
MASTERS SALE.
CINCINNATI IND1ANAPOIIS AND
WESTERN RAILWAY COMPANY.
NOTICE OF SALE
FIRST AND RFFU NDI\G MORTGAGE

NOTICE is HEREBY GIVEN that pur-
suaut TO a decree OF foreclosure ana sdIe
the United States for the western Dlstrlct
Of Ohio. Southern Division, on June ~,
1915, ia certain cause in equity penulhs
i'm said court entitled, The Equltable trust
Company Of New York and Elias ). JaCoby,
as Trustees. Copplainants. against Cincin-
matt indianapolis and Western Railway
Comnanv The Cincinnati. Hamilton & Day
ton Railway Company, and Judson Harmon
and Rufus Il Smith. as Receivers or Inc
Cincinnati, Hamilton Dayton RaIway
crees anciliary thereto entered in causes
likewise entitled in the District Courts Of
the United States for the following dis
tricts and on the following dates, VIZ;
July -. 1e15-District of Indiana; 1900
July Il, 19l5-Eastern District OF Ill
July II. 1sl5-southern District OF ILL
nois. Southern Division.
l. Noble C. Butler. as Special Master. will
sell al public auction TO the highest bidder
or bidders At the freight house Of SAID
Cincinnati. indianapolis and western Rail-
way Company on the property OF said Rall-
way Company ~ the southwest corner OF
West and Georgia streets in the cry OF
INDIANAPOLIS County Of Marion, state Of
Indiana and District Of Indiana, on Sep
TENDER 9, 1915. at twelve o'clock noon. all
the railroads. property, rights, franchises,
privileges, inmunites and the appufte-
nanccs TO the same belonging, rolling STOCK,
contracts. chooses IN action. property; prem
ises and rights OF every kind ana desCrlp-
ton covered by and embraced in the FIRST
and Refundiug Mortgage Of Cincinnati. In
dianapOlis s. Western Railway company,
dated December !. 1902, 10 North Amen-
can Trust Company and Elias }. Jacoby, as
Trustees. under which said mortgage the
Equitable Trust Company OF New YORK ana
Elias j. JaCOby are now Trustees, as the
same are described and defined in the
shove mentioned foreclosure decree
4 brief description Of the property 10 ne
sold at said sale is as follows:
J. ALL and singular the line. Of railroad
Of the defendant Cincinnati, Indianapolis
& Western Railway Company beginning al
the junction with the tracks OF The On
cinnati Hamilton and Dayton Railway
Company ia the city Of Hamilton IN me
County 4 Butler and state Of OHIO ana
extending through the SAID county OF but-
Ter and through the counties OF Union
Fayette Rush. Shelby, Hancock, Marion
Hendricks. Putnam, Parke, and Nerinillion
ia the state Of Indiana, and through the
counties OF Edgar. Douglas. Platt, Macon:
Christian and Sangamon in the state OF
Illinois. TO the City Of Springfield, In the
said County OF Sangamon. together win
an and singular the branch line or railroad
Of said defendant Railway Company eN-
tending from Sidell In the County Of Yer
million in the state Of Illinois through
the counties Of NermilhOn, Edgar, Coles
Clark Cumberland. Jasper and Richiand
10 Olney in said County Of Rtchland
II Also. all lines Of railroad. terminals
extensions and branches, together WIN an
lands. equipment. property rights ana IRAN
chises connected Herewith or with me
use or operation thereof and all roddbed'
superstructures. rights OF way, rails tracks
side-traCks. bridges. Vladucts' 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
chses chooses in action. contracts ana
agreements and other property forming
part OF said railroad and now belonging
to said Railway Company, and whether or
not any OF the same IS herein specihcaiy
mentioned or described
III Also. an leaseholds. leases. rights
under leases OF contracts. UackaGe agree,
ments or operating agreements, and an
rents issues profits tolls and other in
come Of the Railway company. ana all
rights privileges. franchises and proper
ties. real and personal OF the sald deieh-
dsnt Cincinnati. Indianapolis 4 western
Railway Company
" Also an the right. title and interest
OF Cincinnati. indianapolis & western Ran
way Company I'm and 10 certain parcels or
real property either owned by II. or in
which 10 has or asserts an interest ana
which have been acquired from time 20
time and which said parcels Of real prop
erty are described In paragraphs ~. ana
V OF the description Of the Mortgased
Tronertv In the said foreclosure decree en-
tered by the District Court Of the United
States for the Southern District or ONO
Western Division.
V. Also, the rolling STOCK ana equipment
described iu paragraph VI. and the con-
tracts and leases described in paragraphs
VII and VIII OF the description Of the
Nortgaged Property IN said foreclosure de-
cree
For more detailed description q the
property 20 be sold intending purchasers
are referred 30 the above mentioned fore-
closure DEGREES
As provided by the above mentioned fore
closure DEGREES
The above mentioned railroads. property.
tights franchises privileges. immunities
and the appurtensnces 10 the same be
longing. rolling stock. contracts. chooses IN
action, property. premises and rights OF
every kind and description will be sold IN
one parcel and as an entirety.
The Special Master has the power and
right TO adjourn said sale from time 10
time hv announcement AZ the time and
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 so adjourned.
The sale will be made without appraise-
meut
Tho property will he sold subject TO the
lien 81 any and AN taxes. asSts smentS and
water rates levied or assessed against The
mortgagcd property or any part thereof
and subject 60 any other statutory liens
against the mortgaged property or any part
thereof which are or may be chargeable
upon said property or any part thereof
pTior to the lien of the said First and Re
funding Mortgage. and also subject 10 the
lien OF the First Mortgage and supple
vosnts thereto of the Indiana. Decatur a