New-York tribune., 1916-07-24
MASTERS SALES.
NOTICE. or InKEcIosIKE sALI


burrh Terminal Railway Company. Defend
ants-In Equity. 10. 3s. November Term.
1908.
a decree OF foreclosure and sale entered 10
the above entitled cagse on January y.
1913 as modified by an order hied thsrehn
June T. 1915. and pursuant also 70 ano'isIt
decrees OF foreclosure and sale IN two
causes between the same parties entered IN
the District Courts of the United Sta'es ior
the Northern District OF West virginia ana
for the Southern District OF ONO. kast'Tn
Division on the ieth day Of June. 1915. ana
B the 2tth day Of June. 1915. respeenvsy' ,he
undersigned Special Master VIII oner ivi
sale on the 18TH dag Of August, 1910 al ~
o'clock noon on that day. at the entrance.
corner of Liberty Avenue and Ferry street
TO the Passenger Station or the deiehnsht,
The Wabash Pittsburgh Terinlnal halINa.
Company situate at the intersection or
Liberty Avenue and Ferry Street. IN the
city OF Pittsburgh. State OF Pennsyivanla.
the railroads franchises, property, prem
iseS rights, privileges and lmmunities IN
said decree directed TO be sold. Said raw
roads. franchises. property, premises risnts
privileges and immunities viii be ouereu
for sale IN one parcel and as an entlrety.
The undersigned will accept no bid for said
railroads. franchises, property. premises,
rights. privileges and ifnmunites iess man
Three million dollars f3.ooo.OooD. 70 o,d
viii be received by the undersigned from
anyone offering to bid unless such person
so Offering to bid shall have nrst deposited
with the undersigned as Special Master. as
a pledge that ne VIII make sOou uiS bl' ~
case Of acceptance. the sum OF Two nun
dred and fifty thousand dollars tfZ5o.ovD
In cash or BY certified check upon any
bank or trust company acceptance 70 tns
undersgned or bonds secured by tho First
Mortgage ot The Wabash Pittsburgh Ter
minai railway Company. dated May 10.
1904. mentioned in said decree. or certh
Gates OF deposit therefor 10 the amount OF
Three million dollars t3.0O0,0OOl.
The undersigned will accept the highest
and best bid for said railroads. franchises;
twhN 4
lmmunities equal to or In excess of Three
million dollars $4,000 o00), and will knock
down the property TO such bidder thertf for'
qualified as aforesaid. subject TO conhrms-
ton Of the sale by the court
Upon the acceptance OF any bid. the per
son or persons making the same snail sfter
the application thereto OF any amounts
heretofore deposited by him or them In
cash make payment in cash 20 the under
signed OF such an amount as may be neces-
sary to pay and satisfy the costs or SAID
cause, any allowance as shali De nlaDe "
the complainant for its services and dis
bursements and the services and disburse-
ments OF its counsel, the unpaid services
Of the receiver or receivers and his or their
counsel any sums which may be allowed
by the court in said cause, II any, to any
other party to said cause or its. his or their
solicitors any taxes which may be lien
upon the mOrtgaged estate, and the obll-
cations OF the receiver or receivers In said
cause for moneys borrowed by him or them.
whether represented by receivers certn-
In case any bidder or pure haser SHAH
fan TO make good his bid upon It's accep-
tance by the undersigned Dy making any
Of the payments as III said decree ptoYlosd
in contamination OF his purchase. then the
sums paid or deposited by such bidder or
purchaser shall be forfeited as penalty
for such failure and shall be applied tow
ard payment OF the expenses Of resale
and toward making good any deficiency or
loss I'm case the property shall be soid a. a
less price upon such resale ana Tor any
may direct.
The complainant or any holder or hold
ers ~ said First Mortgage Bonds may BID
and purchase az said sale II any sale Tor
which a deposit has been made shall not
he confirmed by The court. such d. poSt
shall be returned 10 the bidder and the de-
poslt OF any unsuccessful bidder shall De
returned 20 him when bid other than
that made by him has been accepted.
The balance OF III" purchase price not
required 70 be paid In cash may be pa,d
either In cash or the purchaser may satisfy
and make good the balance OF his bid IN
whole or IN part b. turning IN 70 be pald
and Cancelled or 20 have payment on ac-
count credited thereon. First Mortgage
Bonds or coupons.
the undersigned Is authorized by said
decree IA his discretion to accept tempo
rarlly instead II bonds and coupons. the
certificate Of the Central Trust company
OF New York. Or OF any other trust com
pany Of which he may approve. tnst "
holds First Mortgage Bonds or coupons IS
sued under said First Mortgage Of the de-
fendant Railway Company subject 20 the
order Of the undersigned and Will deliver
them TO him on demand FOR cancehaton OF
other disposition according 70 the terms OF
tn. Hfor, said decree.
The court by said decree reserves the
right TO re-take and resell tne properly
upon such notice IS the court shall direct
I'm case the purchaser shall fail or omit 90
make any payment on account or the pur-
chase price as IN said decree required
The purchaser or purchasers or his or
their successors or assigns shall. as part
OF the consideration and purchase price OF
the property purchased In addition 10 the
sums required 20 be paid, accept the prop
erty and receive the deed or deeds or IN
stri!rlents Of transfer thereof upon the ex-
press condition that hr or they or MS or
their successors or assigns SHAH pay. sat
isfy and discharge any unpaid current lia-
biIltles. Indebtedness and Obligations OF the
receivers or receiver IN said cause N any
such there Doe. other than moneys borrowed
and represented by receivers certificates or
otherwise provision fOr the payment u
which is made In paragraph p of said de-
cree, which shall have been legally con-
tracted or incurred by the receivers or Re-
celver in said cause IN the operation or on
account OF tho railroads and other properly
covered by said First Mortgage at any
time before said property snail be delivered
"a SAID purchaser 0r purchasers
In the event that such purchaser or pur-
chasers or his ~ their successors OF as
such indebtedness or liability as provided
IN said decree. thc person or persons hold
ing claim therefor. when established by
a court Of competent jurisdiction. may
tnor ten DAYS notice 20 said purcf aser or
purchasers. their SUCCESSORS or ass sns, fle
. petition in The above entitled cause %
have such claim enforced against the
prnpesty Aforesaid, In accordance Win
Inc usual practice IN the ease ~ claims
Of similar character, ana said pur-
chaser or purchasers or hts or their sue
cassors and assigns shall have the right
to appear and make defense to any claim,
debt or demsnd So sought 70 he enforced,
and either party shall hsye the right to
appeal from any Judgment, decree or ordcr
made thereon or In respect thereto.
The purchaser or purchasers or his or
their Successors or assigns shall have the
right and are required at or before the de-
livery Of the deed 10 him or them Tor the
property sold. 20 enter mis- or their appear
ance In the above entitled cause and he or
they shall have the right 70 contest any
claim. demand OF allowance existing at the
time Of The sale then undetermined which
would be payable b. such purchaser or pur-
chassrs or his or their SUCCESSORS or assigns
or which would be chargeabie against the
property purchased Ia addition to the
amount paid by such purchaser or pur-
chasers at such safe. and may appea. from
any decision relating 70 any sH,n clam.
enjoy all rights 70 sisy or superssdea as as
fully as II party thereto.
The following Is general description OF
the property q be offered for sale;
% The line ot said railway, to-wlt. all
and singular the line of railroad of The
Wabash Pittsburgh Terminal Railway
Company extending from a point ~ con-
nection with the railroad OF The Wheeling
and Lake Erie Railroad Company az
point known as Pittsburgh Junction In the
County Of Harrison, state of Ohio ana eN-
tending thence IN an eastsriy direction
through the Counties OF Harrison and JET
ferson. IN the State Of Ohio and the Coun-
q Of Brooke. in the state ~ West VIZ
glnia and the Counties Of Washington and
Allegheny iu the state of Pennsylvania -
the city - Pittsburgh In said state =
Pennsylvania. IN all distance Of about
sixty miles II railroad. described in para
grsph 8 OF said decree.
20 The Duquesns Way viaduct and the
property situate In Allegheny CITY, de-
signed for use in the construction ~ the