New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-15
MASTERS SALE


shall be fixed and adjudged by thu Court.
and the Court reserves the right and re-
talns the power and jurisdiction so to do.
take back and resell any property tina:
shall be sold under said DEGREES In case
the purchaser or purchasers or his o.
their successors. shall fail 10 pay any OF
the claims mentioned In said Article, with
IA twenty days after service OF an order
OF the Court requiring such payment. or u
an appeal be taken from any such order.
within twenty days after service OF writ
ten notice OF anal confirmation OF such or
der upon appeal
In the event thai any purchaser after
demand made, shall refuse 70 pay any OF
the above mentioned Indebtedness or la
biiities which Under TIE provisions of
said Article XVII he rs o. may be
Quired 10 pay. the person holding the claim
therefor, upon twenty days notice to suen
purchaser, may file petition in the Court
10 have such claim enforced against tho
property sold 10 such purchaser. In &C
cordsnce with the usual practice OF the
Court IN relation 10 payments OF a similar
character, and such purchaser shall have
The right TO appear and make defense 20
any claim. debt % demand or the priority
thereof SO sought 20 De enforced.
10. Article XVII OF said DEGREES provides
that the Receiver shall. not more than NJ
teen nor less than ave days prior 20 the
date fixed for the sale under said DEGREES
ME with the Clerk Ot the United states
District Court for the Eastern District Of
Missouri, Eastern Division, an approximate
reference 10 an rollins stock and other
property acquired by him, the amoD~' OK
moneys IN his hands. and with refe. snee
10 certain indebtedness. liabilities, claims
aud demands OF the Receiver and OF ia
Railway Company
II. Any purchaser OF the property DE-:
Seribed IN Article VII and In Article XII
OF the said DEGREES and in the descriptive
clauses hereot, or OF any parcel thereof
viii hayo tho right to enter his appearance
M said consolidated causes. and he or any
wherein Commonwealth Steel Company and
Guaranty Trust company CT New York ana
ssnJSnlln Edwards. as Inr,1s s A. A.
right TO contest any claim, demand or a.
lowanoe existing az tho time Of the sale.
and then undetermined, and any claim o.
demand which thereafter may arise or b.
presented Rhich shall be payable by any
such purchaser, or which shall be charge
able against the property sold 10 such pur-
~. ANY purchaser Of the property de-:
scribed Ia Article VII and IN Article MI
OF said DEGREES and In the descriptive
and whether or not he has exercised o.
used any rights thereunder, shall have ina
right within six months after the deliver
Of the deed or other instruments OF con
vevanco or transfer BY the undersigned
special Master OF the property purchase
by him, or within such additional pefiod
a. sad United states District Court TO-
ths Eastern District OF Missouri, EastsTn
Division, may hereafter BY its order or de-
cree permit. TO elect not TO assume or
adopt any lease or contract made ~ tne
ceiver. which Is part OF tho property eni-
braced IN such deed or instrum ents or con-
veyance or transfer. such election shsl!
be made By instrument In writing, sighed
by tho said purchases and shall contain a
general description OF the contracts o.
leases which he elects nor TO assume o.
adopt and shall be Med with the Clerk OF
said Court within tho Aforesaid period No
user Of rights. prior 10 the expiration o.
said period shall be deemed 70 concluas
the purchases ia respect OF such election.
and upon the fling OF such election saii
purchaser shall be deemed not 20 have as
sumed or adopted the said contracts or
leases or rights therein described nor 70 ps
bound BY the obligations OF said contracts
or leases provided however that such cleo
ton shall not entitle the said purchaser -
any reduction IN the amount q the bid
made a. said sale or IN amounts 20 %
paid as In said DEGREES provided.
10 Any purchaser OF the property ds-
scribed In Article VII and IA Article XII
Of said DEGREES and In the oescrlptlys
clauses hereof. or OF any parcel thereof,
shall have the right 20 elect not 10 take or
accept any part Of the property so sold %
election given 20 the undersigned Special
Master a. any time prior 10 the execution
and delivery OF the deed or other instru-
meRts OF conveyance OF transfer BY ths
chaser shall diminish or AFFECT the pur-
chase price 70 be paid BY such purchaser.
or all OF said parcels aud upon payment ot
the purchase price or such portion tAereoL
as shall. by order OF said United states
District Court for tho Eastern District OK
Missouri, Eastern Division, be required 20
be paid ia advance OF the delivery on ths
deed or other Instruments Of conveyance
and transfer. or upon The making ~ any
purchaser OF such provision for the pay
ment thereof as said Court shall approVs
tho undersigned special Master viii exc
cute and deliver a deed or deeds Or oths
pTOner Instruments conveying, assignint
aud transferring 20 such purchaser or a.
assigns, the property sold 20 such pur
chaser sub iect, however, TO the DioFlsloA
OF Article XIV Of said DEGREES.
Upon the delivery OF such deed or deedi
or other Instruments Of conveyance or as
Segment or transfer the gFantes OF
grantees therein named shall be LET int9
tbe possession OF the property 50 conveyed
or transferred. subject. as 10 az property
OF The kansas and Colorado Pachc Kali
way COMPANY dated FebFu ary J. isVs. e
the continued possession Thereon by ssio
Receiver as receiver in the cause nos pendiag
in ths United states District Court foe
the Eastern District or MISSOURI East,,
ern Division, for the foreclosure OF sait
mortgage IN which NsS y 6ps Eq' eSmpainant
and the said Receiver and any party
90 said consolidated causes who snal
be IA possession Of any or said properly 2.
sad grantee or grantees. subject as sfore-
SAID, and said grantee or grantees shau'
after such delivery or possession hoius Po4,
sess and enjoy the property so conveysi
and transferred. and every part and parcel
thereof, free from the trust ana lien IN
posed thereon by the said First and Re
fundine Mortgage Of the defendant Rail-
way Company, and free from al claims.
rights. interest or equity Of redemption OF,
In or TO the same by or or the detenoans
Railway Company rs successors sna s a.
holders OF the defendant Railway Com
paRy. and by or Of al persons; claimisa.s
by, under Or through The defendant Raj
way Company. its creditors or It's STOCK
holders and by or Of all parties 10 the coz
stituent causes IN which COMMONWEALTH
steel Company and Guarsnty Isl S3Is
pany OF New York ana benjamin. +. 70.
uardS as Trustees, are complainsntss ana
by or OF all persons claiming under them
or any OF them, except the holders OF tno
liens aud Obligations described IN Articles
XVIII and XII Of said DEGREES IN 80 far
as but only in 20 far "a said liens and
obligations snect ,aid property or an
deed or deeds by the Special Master as sfore-
said the purchaser shall be entitled 20 have.
enjoy and receive all revenues aud compensA-
ton FOR services rendered 20 any parties o.
nsrsons nv the Receiver IA the operation o,
me premises conveyed 10 such purchaser
subsequent 70 the date OF sale. as well as
any and all material. supplies and Other
property acquired by the Receiver during SAID
period in the operation Of the premises con
veyed TO such purchaser, subject, however, 20
the continued possession by said kecsiyer o.
mNCh OK kAll pIopcltJ a. eha. " StH.s~~
10 the First REBUILDING Mortgage Of Tbs
Kansas and Colorado Pacific Railway Com
pany and 10 the further determination ~
said Court OF the amount OF such revenues
and compensatlOn properly attributsbls 70
said last named mortgage, and ths rignt 20
make such further discrimination Is resoEged
~ said degrees.
Is. BY said DEGREES all questions. issues.
matters and things not thereby disposed
al Including the discharge OF she Receiver
and the statement and settlement Of bis
aocounts are reserved b. said Court for
It's future Adjudication
For further particulars, references n
hereby made to said Special Masters reports
and said final DEGREES IN said consolidated
causes and IN the constituent causes on
file IN the Offices OF the Clerks Of the Unit