New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1915-08-23
MASTERS SALE.
C,xCtNNATI INDIANAPOLIS AND
WESTERN RAILWAY COMPANY.
NOTICE or SALE
FIRST AND REFCNDING MOkTGAGE
EORECIOSt'RE

@ompany Of New York and Elias J. Jacoby.
as Trustees. Conplainants. against Cincih-
natl. indianapolis and western kai,wsy
Company, The Cincinnati. Hamilton 4 Day
ton halfway Company. and Judson Harmon
and Rufus u. Smith. M Receivers OF ! ne
Cincinnati. Hamilton Dayton hah"ay
crees ancilIary thereto entered In causes
likewise entitled Ia the District Courts OF
the United States Tor the following dis-
tricts and on the following dates. viz
July -. lsi5-Dlstrict OF Indiana. go,
July IL, i9l6--Eastern District OF I'LL
nOis. ~,
July II. l9l5-scuthern District Of I'LL
nois. Southern Division. ~,
|. Noble G. Butler. as Special Master. VIII
sell at public auction to the highest bidde,
or bidders at the freight house OF sano
Cincinnati indianapolis and western ran
way Company on the property or salu run
way Company at the southwest corner ~.
West and Georgia streets IN the oi,y 90 90
Indianapolis County OF Marion, state OF
Indiana and District Of Indiana, on sep,
tember .. 1915. Mt twelve o'clock noon; an
the railroads. property, rights; trancnlre'
privileges immunitics and the appurte
nanccs to the same belonging. rolling STOCK
contracts chooses In action, properly, pIen
ises and rights OF every KIND ana uesSup.
ton covered by and embraced In the flIs'
and RefundIng Mortgage Of Cincinnati IN
dianapolis x Western Railway company
dated December /. 1902. to North hmetI-
can Trust Company and Ellas ., yaeoo' The
Equitable Trust Company OF New lorh a, t
Elias J. Jacoby are now, Trustees as me me
same are described and dehned III 'n'
above mentioned foreclosure decree
A brief description Of the property 10 DC
sold at said sale is as follows:
l. ALL and singular the line OF railroad
OF the defendant Cincinnati. Indianapoii.
a. Western Railway Company beginning at
the junction with the tracks or Inc I'm
cinnati. Hamilton and Dayton Railway
Company in the city OF Hamilton In the
County Of Butler and state Of Ohio ana
extending through the said County OF But
Ter. and through the counties OF mon
Fayette. Rush. shelby. Hancock Marion,
Hendricks Putnam. Parke. and Vermilllon
in the State Of Indiana. and through the
counties OF Edgar, Douglas. Platt, Macon
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 ex-
tending from SldelI in the County Of YER
million in the State OF Illinois through
the counties Of Vermillion. Edgar, Coles.
Clark. Cumberland. Jasper p ana hlch'ahu'
H. Also, all lines Of railroad. terinlnaIs
extensions and branches. together WIN an
lands. equipment, property rights ana iran
chises connected Herewith or with the
use or operation thereof. and all roadbed
superstructurss. rights OF way. ralls tracks
side-tracks. bridges. viaducts. bnildlhgs'
depots. stations. warehouses;. csrhous's
engine houses, freight houses, coal houses
wood houses and machine shops. turn .
tables. water stations docks. telegraph
lines and telegraph poles used IN conhec-
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. iurnI'uIe. "am ,a
chises. chooses in action. contracts ana
agreements and other property FORMING
part OF said railroad and now be!3hglht
to said Railway Company. and whether or
not any OF the same Is herein hpeclhcaiy
mentioned or described ~
III. Also all leaseholds leases. rights
under leases or contracts trackage agree,
ments or operating agreements. 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 delen-
dant Cincinnati. indianapolis & western
Railway Company.
". Also. all the right. title and interest
Of Cincinnati. Indianapolis & western Kan.
Vav Company I'm and to certain parcels or
r,al property either owned by II, or IN
which II has or asserts an interest ana
which have been acquired from time TO
time. and which said parcels OF real prop
ertv are described in paragraphs " and
V 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 Ohio
V Also. the rolling stock and equipment
described IN paragraph VI ana tne con
tracts and leases described In paragraphs
VII and VIII OF the description OF the
Mortgsged Property in said foreclosure de-
cree
For more detailed description Of the
property to he sold intending purchasers
are referred &c the above mentioned FORE
As provided by the above mentioned fore
closure DEGREES:
The above mentioned railroads. property,
rights franchises. privileges, immuniues
and the appurtenances 10 the same pc
longing. rolling stock. contracts choses N
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 ana
right to adjourn said sale from time 10
time by announcement at the time and
place appointed for said sale as aforesaid
or for such adjourned sale or safes ana
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 appralse-
ment
Tine property will he sold subject 10 the
lien OF any and all taxes. assessments and
water rates levied or assessed against the
mortgaged property or any part thereof
and subiect TO any other statutory liens
against the mortgaged property or any part
thereof which are or may be chargeable
upon said property or any part thereon
prior to the lien Of the said First and Re
funding Mortgage. and also subject 10 the
lien OF the First Mortgage and supple
ments thereto OF the Indiana. Decatur *
Western Railway company so gar as ne
lien thereof is prior 70 the Hen OF said
First and RefundIng 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 above specified. ana any and all such
debts claims and charges which may mere
after be adJudged 10 be prior or superior
to said First and Refunding Mortgage shall
he payable out Of the proceeds Of the sale
OF the said property. all questions relating
to the priority or superiority OF any ana an
such debts. claims and charges being 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 p. 1913.
The Special Master will accept no bid for
less than s2.1O0. 900. and he will receive no
bid from any one offering TO bid who shall
not deposit, at least twcnty-four hours be-
fore the time appointed for such sale. with
the Special Master, as a pledge that he
Will make good his bid in case OF Its ac-
ceptance. the sum Of t25. 900 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 $4,000, face amount. OF said First
and Refunding Mortgage Gold Bonds IL In
bearer form and accompanied by the cou-
pom due July !, 1914. and all subsequent
coupons The Special Master will accept
the highest and best bid received, equal to
or exceeding the sum Of 81. 100000. when
offered 4 aforesaid. and VIII knock down
the property sold to such bidder. subject
to confirm8 tion OF the sale by the Court
on the acceptance Of any bid by the Spe-
Cial Master the bidder whose bid shall have
been accepted must forthwith deposit with
the Special Master. in addition to the cash
or bonds deposited in order to qualify him
TO bid the additional sum OF $4,000. in
cash or by certified cheque on some "a
tional Bank or Trust Company in the city
OF New York acceptable to the Special
Master or in lieu thereof $3.50, 900. face
amount Of said First and Refunding Mort
gage Colo Bonds with coupons attached as
a aforesaid The deposit received from any
unsuccesssful bidder will be returned to
him when the property shall be struck off
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.
as aforesaid. the Special Master may ac-
cept the certificate Of The Equitable Trust
Company Of New York that II holds. sub
said certificate OF said bonds in bearer
form and accompanied by the coupons