New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-03
MASTERS SALE


goo, be sold rs an entirety. the purchaser o,
the psrce provided FOR IN subdivision ,c, q,
Article ANNi o. said Fina Decree thelnf
The parcel described f. subdivision * az
Parasrarl hereof as part OF the cousid-
era-ion for said property and as part Of lie
purchase price thereof and An sdelfIon \,
The sums bid b. him AID elsewhere IN sad
> Final Decree required to Be paid o. him.
SHAH take such property and receive ,hs
deeds or other Instruments or conyeyape.
and transfer thereof upon ne eypreSs conA.
tion that he Of his successors or assigns
shall pay. satisfy and discharge snv unpaid
indebtedness and liabilities OF the Receivers
r. .s, aei9nsu Hamilton ana Dayton
ments as aforesa.d, incurred ia a.. manage.
ment and operation o; tie prnperty suSisct
20 the First Mortgage 10 the extent IN,
thy shall not have heen paid out OF moneys
In the possession o, saii Receivers including
moneys received by them after surrender 81
possession ~ ss'd property. but arising from,
the piior management and operation thereof
he amounts 70 be paid under said Artic's
. NM, unless greed upon t- the ps-tie. h
interest shall e Fixed am sdiudre1 bv x,u
curt, and said Court reserves the riah, 81
retains the power and Jurisdiction 20 N 4,
and the night. power and jur 'sdirflon 10 ,as.
nacH ana resell any properly that shall \.
sod under said Final Decree in case a.,
4 purchaser or his or It's successor, or a..,r,,
slsI 'aiI 20 pay am Of the obligations me-.
Gays after service OF al order % saia Cant
eqliring said payment. or II an appeal ,.
AIKEN from any suol order. within twenty
day after seryice u written roffee ~ s,.i
confirmation Of suca order upo, annes' ~
D In the event that am purchaser, a,,sr AZ.
I msra made. shall refuse 20 pa sov q, N.
above mentioned obligations which unse- a..
ioftsoing provisions Of said Article Xxx
ia X or rHaF % Required 20 ns- tse psrson
to whom tie same may te due upon t~.rt,
Gays no.ice % such purchaser. may ne =
petition IN said Court 10 uatc ftc IAN.
enforced against the property sold ~ snss
purchaser. IN accordance vt5 ,he usnst
practice o; said Court IN relation 10 nav.
MentS OK similar character: and such nur
chaser shall have the right 70 appesr ana
make defense 90 any claim debt o. 5.rsnt
forced ~ ~ W.
y. Ar,lcie XXI o., said Fi,I Nae.
provides that the Receivers a. Tta Ciocin.
natl Ilsmlii on Gnd Dayton Rauwsy con.
panV shall not more than twenty nor ls,,
man ten day. prior to the date filed Tor a..
sac under said Final Decree re ~ttt ~
Ter" OF said Court an say.sory statemsn,
o. s. stemeuts With seference % Indebtedness.
, !.seIl!ties contracts and leases.
Nay purchaser ard his successors or as
sisns shaN have re rigat Tor the rerioe o,
SIX months at,er lie delivery OF he epecisl
Master 3 deed, 20 elect whether or not 10
assume assume or 20 cops - part Of III. property
embraced ~ such deed. any lease or contract
made by The Cincinnati. Hamltoa ana pay
ton Railway Company appertsinire "a ia
property purchased By him ami such Dur.
,Iaser - successors Or assigns. shall b.
any lease or contract IN respect o, witch n,
O. tieS shaii not have hief written elec-
.,'h 20 assume o. 70 adopt tAe same ~i.h
NC Clerk OF said Court within sale period %
six months o. Within such additional pefiod
J as sad Court may thereafter by TT or4ef
" decree permit
Any purchase and his successors 0; as
sishs shall have the RICH; 10 elect not "a
take or accept any part % the properly
struck OF 20 him. ty written notice 20 the
special Master given az any time prior 20
ne execution and delivery OF the deed or
instruments % IRA nsfer from the Special
Master. No such election by any purchase.
uls successors or assigns. shai diminish or
"Ie,' t.e purchase price u tue property.
NJ Upon confirmation U, sale and the
payment of the purchase price by aly pEg-
CHASER. b'S successors or assigns. or upol
making such provision for 'he payment
thereof as said Court may approve. the sps.
clhI Master making the sale shall eXecuts
10 such purchaser. his successors or assigns.
a deed or deeds or other proper Instruments
conveying. assigning and transferring no
property sold 10 such purchaser except suc9
part thereof. II any. az such purchaser. hs
successors or assigns. shall have elected pot
10 take In accordance with the provisions VI
scca respect contained in Article XXI OK
sa!d Final Decree. and upon the Production
OF such deed or deeds and ass gnmens or
transfers OF a certified copy or copies thereof;
the Grantee or grantees therein named shan
ne let into he possession % the properly -
conveyed D; transferred. Tho purchaser his
b successors snd assigns. shall sftsT such de-
] livery 81 possession rolN. tossess auu eniot
the property conveyed end Transferred snd
e.cry ralt md parcel thereof free fIOm ths
trust and lien imposed thereon b. the Firtt
Mort sage. I'D free from any cain, rlghl.
interest OF equity OF redemption OF IN or 10
the same hy or OF The Cincinnati, Hamilton
and Dayton Railway Company It's successors
and assigns. and by or OF the creditors ar
stockholders OF said Railway Company. ana
by or OF any party 10 this cause. sad all per
J sons, partnerships and corporations claiming
ny under or through said Railway Companj.
iis creditors o. - stOckholders. or any
party 10 this cause: subject nevertheless O.
the coalition that the Court may re-tSke ant
resell the property Conveyed or transferred
IN case such purchaser. his successors or
assigns. shall fail NithIn The time limited
20 PAY any balance Of tae purchase price
remaining unpaid
MI By said Final Decree all questions
not disposed OF by said Final Decree srs
reserved Tor future adjudication
For further particulars reference II hereby
made 10 said Final Decree and 10 the record
OF testimony In the above mentioned cause
on Ale in the ONCE OF the Clerk OF the pis-
trlct Court Of the United States for the
Western Division OF the Southern District OF
Ohio.
Dated April IS 1919,
AARON A. FERRIS.
Special Master.
100 Mercantile Library Buildins.
Cincinnati, Ohio.
SQUIRE SANDERS 4 DEMPSEY. Leader.
New Building. Cleveland. Ohio,
ALFRED \. COOK
III Broadway. New York city.
Solicitors for PiaiutiN, The New foss