The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1915-05-28
In Equity No. 517-Notiee Of Sale

o.
southern division. Guaranty Trust
company of New York as trustee
plaintiff. VS.. Idaho Railway, Light &
Power company, a corporation Idaho
Traction company. a corporation. f.
H. Jennings, and o. G. F. Markhus. as
receiver OF Idaho Railway, Light &
Power company. defendants.
Notice is hereby given, that under
and by virtue of decree of the dis
trict court of the United States for
the district of Idaho, southern divis-
ion, made and entered in said court
on April 10, 1915, the UNDERSIGNED
special master of said court in said
cause Will sell at public auction, to the
highest bidder. in conformity with the
directions of said decree, all and sin
gular the property. assets. rights, IL
censes, franchises, tolls, rents, profits
and privileges of defendant, Idaho
Railway, Light & Power company. in
Guiding properties hereinafter de-
scribed. free from all rights, titles. in
tereSt, liens and claims of all the par
ties to said cause. or otherwise bound
by said decree, except as is in said de-
cree specifically otherwise provided.
Said property to be sold is situated
in Ada, Canyon and Owyhee counties
state of Idaho, and constitutes a single
indivisible hydro-electric generating,
transmission, and distributing system
erty appurtenant thereto and connect
ed Herewith. engaged in and charged
with public service, and will be sold
in block as a single and undivided
parcel and without redemption.
Said sale will be made at the front
door of the court house in Boise City
Ada county. Idaho, which said county
is the county in which the greater
part of the real estate hereafter de-
scribed and subject to said decree is
located, on Monday, the 14th day of
June. 1915. at 10 o'clock in the fore
noon of said day with power to ad-
journ the sale from time to time to
future date. by oral announcement
made at any time before the sale, upon
consent of the solicitors for the plain
tiff or the approval of the Judge of the
said court. without prejudice to the
notice or notices of sale, and without
necessity of publishing any further
notice; but the undersigned special
master may give such notice of his ac-
ton in the matter by publication or
otherwise as he may deem fit. Any
party to said cause, or any holder or
holders of any of the bonds described
in plaintiffs bill of complaint, or any
committee or agent representing any
holder or holders of said bonds, as
we'll as any other person, may bid or
purchase at such sale, and the said
property directed to be sold may be
inspected by intending bidders, sub
ject to such regulations as the receiv-
er of said property now in possession
thereof may prescribe
The special master will receive no
bid from any one offering to bid who
shall not have deposited with the said
special master, at or before the time
of making the bid. as pledge that
he will make good his bid in case of
ThnnSDn6
dollars ($5O, 000.00) upon said bid,
either in cash or by duly certified
check or checks, payable to the order
of the special master upon some bank
or trust company in New York Chica
go or Boise. All deposits received by
the special master. except that depOs-
tied by the bidder whose bid is con-
ditionally accepted by said special
master. will be returned by him at
the conclusion of the sale to the bid
der or bidders from whom they were
received.
The court. by direction to the mas
ter, has fixed the sum of $4,542, 27O.OO
as the minimum or upset price, be-
low which no sale will be confirmed
and the said court reserves jurisdic-
ton, authority and discretion to re-
ject any bid which in the judgment
of the court is inadequate or subject
to just objection. and likewise reserves |
Jurisdiction to retake and resell the
property in case the purchaser. his !
SUCCESSORS or assigns. shall fail to
comply with any of the terms of the
decree. or with any order or direction
with respect to the payment of the |
purchase price. or if any sale fails of
confirmation.
If the sale is confirmed the court |
will, in its order of confirmation, fix !
the time and manner of payment of
the balance of the purchase price, |
over and above the cash or proceeds |
of any certified check deposited on
any bid at the time of sale. and will
prescribe any further amount of pur-
chase price which shall be paid in |
cash. The remainder Of the pur-
chase price. not required to be paid |
in cash. may be so paid, or the pur-
chaser of the property may satisfy !
and make good the remainder of his |
bid. in whole or in part, by delivering |
to the special master bonds secured by |
the mortgage to the plaintiff, and |
coupons for interest on the same, ma
tured and unpaid so far as they will
go towards paying such remainder.
Upon confirmation of the sale and |
compliance by the purchaser with |
any directions which the court may |
make. the special master will execute |
and deliver a deed to the property de-
scribed and sold by him, and the |
plaintiff. Guaranty Trust company of
New York. and defendant. Idaho Rail- |
way. Light & Power company. Will
also execute and deliver to the pur-
chaser confrmatory deeds and assur- |
ances of title i'm form approved by the |
court. and said purchaser, his success
sors or assigns shall be let into pos
session.
The land. premises and propertJ |
real and personal, franchises ana |
rights to he sold under said decree |
are briefly described ms follows
All and singular the lands, prop |
critics, rights powers, privileges, and
franchises of tho Power company now
owned and whenever and however |
acquired by II, and which are more |
specifically described as follows. VIZ
l. HYDRO ELECTRIC POWER |
PLANT AT SWAN FALLS WITH |
PROPERTIES AND RIGHTS AP-
PURTENANT THERETO,
A. WATER RIGHTS,
(a) All rights to the waters of
Snake river IN said State of Idaho ac-
III