New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-30
MASTERS SALE.
CINCINNATI, lND!ANAfOnis AMI
WESTERN RAILWAY COMPANf.
NOTICE OF SALE
FIRST AND REFUSDlSG MOhToA6k
FORECIOSIRF.

liant 20 a decree OF foreclosure and sale
made and entered by the District court OF
,be limited states for the Western District
81 ohio. Southern Division, on June ~.
1918. I'm a certain cause In equity pendlng
I'm said court entitled. The Equitsbie TRUST
company of New York and Elias J. Jacony'
"a Tr1stees. Complalnants. against cincin-
natl Indianapolis and Western fsiIwy
company. The cincinnati. Hamilton pay
ton Railway Company. and Judson hsrm non
and Rufus y. Smith. as Receivers OF Ine
Cincinnati Hamilton g. Dayton RAILWAY
Company. Defendants and certain a.
crees sncillary thereto entered IN osusos
the United states for tho following dis
tricts and on the following dates. VIZ
July ~. l9i5--District OF Indiana ,u,
July IL. l9i5-Eastern District OF lih-
july II. 1sl5-southern District OF I'LL
nois Southern Division. II,
| Noble g. Butler. as Special Master, WI
soil ~ public auction 10 the highest bidde,
or bidders at the freight house OF sann
Cincinnati Indianapolis and Ncs'eIh, MI MI
way Company on the property OF salu IN",.
wav company at the southwest '"rner o,
west and Georgia streets In the ny y,
Indianapolis. County OF Marion, ols'e VI
Indiana ana District ~ Indiana, on sep,
trnber O. 1915 at twelve o'clock noon an
the railroads. property. rights; rano l,,r,a
privileges immunlties and me sPpuIs
nanccs to the "a me belonging, rolIins stoSs'
contracts. chooses I'm action. properly, PIc,,n
ises and rights OF every Kind ana desy.,p,
ton covered by and embraced In me i In.
ala, q western Railway Company
dated December ]. 1902. TO North AMER
can Trust Company and Eiia, ,rn-, yse The
Eouitabie Trust Company Of New YORK aho
Elias J. Jacoby are now trustees ,ho
same arc described ana de ha. !" NV
\ brief description ~ the properly 70 oe
sold at Fgid sale Is as follows
I ALL and singular the line OF railroad
~ tho defendant Cincinnati. IndlanapolIs
no beginning
tho junction with the tracks or Inc IN
cinnati. Hamilton and DAYTON haIlV ~
County II Butler and state OF Ohio ana
extending through the said COUNTY, OF bu.
Ter and through the counties OF ni ion'
Fayette Rush. Shelby. Hancock. Marion,
hendricks Putnam, Parke. and Nermilli0n
in the state Of Indiana. and through me
counties Of Edgar. Douglas fiatt Macol;
illinois. to the city OF Springfield. In the
said County of Sangamon; together WIN
all and singular the branch line OF rallroao
OF said defendant Railway company eh-
tending from Sideil in the County OF YER
the il,''' counties Of termiiion, Edgar; Coles
clark Cumberland. Jasper and Rlchlshd'
70 Olney in said County OF Richland.
H. Also. all lines OF railroad. termina s;
extensions and branches. together WIN ar
lands. equipment property rights ana an
chises connected herewith or with the
usc or operation thereof. and all rosdbeo'
superstructures, rights OF way rs',s ,,,,,sivSs
Senots ,'a,ions warehouses. carhouses.
engine houses. freight houses coal houses
wood houses and machine shops lurn
tables water stations. docks, Telegraph
lines and telegraph poles used IN conhec-
ton with said railroad and now belonging
TO said Railway Company, ana AZ I"c.Invv
tiveq engines cars and other rolling STOCK
eoulnment machinery. instruments, Tools
implements. materials furniture. iran
chises chooses In action, contracts dnu
agreements and other property forming
mart OF said railroad and now belohglhk
10 said Railway Company. and whether or
not any Of the same Is herein specincsS
mentioned or described.
III Also all leaseholds. leases. rights
under leases or contracts, trsckage agree,
ments or operating agreements sho an
rents issues. profits. tolls ana otneI III, IN,
come Of the Railway Company. and en-
rfghts privileges franchises and proper
tics. real and personal OF the SAID deien-
dant Cincinnati. Indianapolis q "es'e'"
Railway Company
" Also. all the right. title and lnterest
Of Cincinnati. Indianapolis western ran
way Company In and to certain Pare ~
which IL has or asserts an interest ana
which have been acquired from time 10
time. and which said parcels OF re9I pron,,
Y OF the description OF the Mortgdseu
Property In the said foreclosure decree en-
tered by the District Court OF the Onitea
States for the Southern DlsTlCt VI UNIV
Western Division. .
y Also. the rolling stock and equipment
described IN paragraph VI. ana the on
tracts and leases described In paragraphs
VII and VIII OF the description OF the
Morteaged Property In said foreclosure u'
cree -
property 10 he sold intending purchaser
are referred 10 the above mentioned iore
closure DEGREES. $1,000, g..
The The above mentioned railroads. property.
rights. franchises. privileges; immunltes
and the appurtenances to 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 an entirety
The Special Master has the power ana
-irht 20 adjourn said sale from time 20
tlne By announcement at the une ana
place appointed for said sale as storessiu;
or for such adjourned sale or safes snS
NAV without further notice proceed WIN
the sale on any day 10 which the same
The sale viii be made without appraise
ment ,
lien Of any and all taxes. assessments ana
water rates levied or assessed against the
nortrared property or any part thereof.
and subject TO any other statutory liens
against the mOrtgaged property or any psr'
thereof which are or may De cha, ,sereos
upon said property or any part thereoI
prior to the lien OF the said First and Re
funding Mortgage. and also subject TO tho
lien OF the First Mortgage and supple
ments thereto OF the Indiana, Decatur &
Western railway Company so far as the
lien thereof is prior 70 the Hen OF said
First and RcfundIng Mortgage upon any OF
the railways and property covered by said
First and Refunding Mortgage The prop
erty will be sold free and clear OF any and
all debts. claims and charges other than
those = hove specified. ana any and all such
debts. claims and charges which may here
after be sdjudged 10 be prior or superior
to said First and Reminding Mortgage shall
be payable out Of the proceeds OF the sale
OF the said property. all questions relating
to the priority or superiority Of any and all
such debts. claimss charges being re-
served for future determination, except In
80 fer as the same have been determined
by order OF the above named Court in this
cause dated May -. 1915.
The Special Master VIII accept no bid for
less than 81. 100. 600 and he will receive no
bid from any one offering 10 bid who shall
not deposit. at least twenty-four hours be-
fore the time appointed for such sale. with
the Special Master. as pledge thst ne
will make good his bid in case OF its ac-
ceptance. the sum Of $4,000. in cash or
by certified cheque on some National BANK
or Trust Company OF the city Of New York
acceptable to the Special Master, or in lieu
thereof $50 900. face amount. OF said First
and Refunding Mortgage Gold Bonds II In
bearer form and accompanied by the cou-
pom due july l. Islt and all SUB sq6SsqG 1en,
the highest and best bid received, equal 10
or exceeding the sum OF 81 900. when
offered as aforesaid and will knock down
the property sold 10 such bidder, subject
TO confirmation Of the sale by the Court.
on the acceptance OF any bid by the Spe-
clal Master the bidder whose bid shall have
been accepted must forthwith deposit with
the Special Master. In addition 10 the cash
or bonds deposited IN order 10 qualify him
to hid. the additional sum Of $4,000 In
cash or by certified cheque on some Ea-
tional Bank or Trust Company In the CITY
Of New York acceptable to the Special
Master. or In lieu thereof $3.50, face
amount OF said First and Reminding Mort
gage Colo Bonds with coupons attached as
aforesaid The deposit received from any
unsuccessful bidder will be returned TO
him when the property shall be struck of.
The deposits received from the successful
bidder will be applied on account OF the
purchase price In lieu OF any deposit OF
First and Refunding Mortgage Gold Bonds.