New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-16
MASTERS SALE


isk. back and resell any property thst
shall b. sold under said dscrees IN case
the vurch3ter or purchaser, or ns o.
their successors. shall fsn 70 pay any 81
in t~ertv DAYS after Srvice Of an ords.
% tho Court requiring such payment, Q! "
an appeal be taken from any tYcs orner'
within twenty days after service ~ wfii-
ten notice Of nnal continuation % such or
de- upon appeal
demand made. shall refuse 20 psy any ~
~. sbose mentionss Indebtedness Or ia
bilities which under the provisions OF
said Article XXNlI he o. Or may Be fe
CURED 80 pay. the person holding the cietli
therefor. upon twenty days notice 20 suCfs
purchaser. may nle a petition IN ne Coy-s
20 have such claim enforced agartt tn7
property cold to such pcrcnssrI ~ -
Sosr, IN rsl.,,on 20 payments OF sinlis-
character. and such purchaser shsI ~ -
the right 10 appear and make defente -
any clam. debt or demand or ne ploi"A
thereof 80 sought 20 be enforced
10. Article XVII Of said DEGREES pfoflcs'
that the Receiver shall. not more thar ~
teen nor less than fys days ptior 49,.
date fixed for the sale gncef s So 500.
Dist riot Court for the Eastern Distrie-
Missouri. Eastern Division. an spproAin NJ
and advisory statement or siatemeutS W.
reference 20 all rolling stock and et"-.
property acquired by him, the smoV-
moneys IN his hands and With refe; nc
20 certain Indebtedness. liabilities: c|.
and demands Of the Receiver ana OF W
Railway Company
n. ANY purchaser Of the property De.
scribe1 In Article VII and IN Article =.
OF the said DEGREES and IN the oescr 30,
clauses hereof or OF any parcel thsreoi.
Will have ths right 70 enter bis Appearance
In said consolidated causes and ne or az
OF the parties 20 the constituent csuss
wherein Commonwealth steel COMPANY SO
Guaranty Trust company Of View York snc
Beniam min r. Edwards, as Irustees'
complainants. respectively. VIII nave -
right 20 contest any claim, demand or q
lowsncs existing az the time % the SAFE.
and then undetermined. and any clam
demand which thereafter may arise or -
presented which shall be paysole oy a.
such purchaser. or which shall Be chere'
able against the property sold 10 such plt-
chaser
IL Anv purchaser OF the property a.,
seribed IN Article vi and n A H.e,e,;tys
clauses hereof. or Of any parcel thereol.
and whether or not he has eXerclsso %.
used any rights 'hereunder. shan hs ',,,. ~
Of the deed or other instruments or cor.
veyancs or transfer b. the undersighea
Special Master 81 the property purcaase
bv him. or within such additional perioo
as aid United states District Court Tor
the Eastern District OF Missouri: Eastsln
Division. may hereafter b. rs order OF az
cree permit. 20 elect rot 70 ASSUME
adopt any lease or contract made ~ US
Attendant Railway Company or by ths r.
c.ivsr' which +. part Of the property EN-
braced IN such deed or instruments OF con
vevsnce or transfer Such election snaii
Re mad. b. instrument in writing, signed
bv the said purchaser and shall coMsih =
general description OF the contscts
leases which he elects not 20 sssens, -,
adopt and shall be hled with the clerk @
said Court within the aforesaid period =.
user Of rights. prior 70 the EXPIRATION =.
said period shall be deemed 90 coneiloS
the purchaser in respect or sucn eeetioL,
and upon the Ming OF such election sac
purchaser shall be deemed not 20 have a
sumsd or adopted the said contracts Or
leases or rights therein described nor 20 %
bound b. the obligations Of said contracts
or leases, provided however, that such risc-
ton shall not entitle me SAID puicnsr-t
any reduction IN the amount q the pa
made al said sale or I'm amounts 10 -
paid as IN said DEGREES provided.
10 ANY purchaser Of the property de,
scribed ia Article VII and IN Artics 81
OF ssid DEGREES and IN the descrlplNs
shall have the right 10 elect nor 20 iane =,
accept any part 81 the property 20 SOC
such purchaser. by written notice or Iis
election given 10 the undersignef Specis'
Master a. any time prior 10 the execution
and delivery OF the deed or oiner ins'lu
,nenfs az CONVEYANCE or transfer D. ihp
Special Master No such eisctlon hy plI'
chaser shall diminish or anect the put
chase price 10 be paid BY such purchaser
u Upon confirmation or the sale or a..
or am OF said parcels and upon payment q
~, purchase price or such portion thereof
as shall. hy order OF said United states
district Court for the Eastern District ot
Missouri Eastern Division, be required 20
be paid In advance Of the delivery on We
deed or other Instruments or eonNeyahe2
and transfer. or upon The making ny any
purchaser OF such provision Tor the pa
t,ont thereof az said Court shan spprov-,
IA. undersigned Special master VIII 80
cute and deliver deed Or deeds Or oshsI
propsr Instruments con'esinS, as'Bn,nt
and transferring 20 such purchaser. or ~
assigns me property sold 20 such pur-
chaser subject. however 20 the pfoF'hoH'
Of Article XIV Of SAID decrees. -.
Jpon the delivery Of sucn deco o. dfeof
or other Instruments Of conveyance or a.
segment or transfer ne gIantee
grantees therein named SHAH 10 JET lht@
he possession OF the property 80 cenvsyso
or or transferred subject, as 70 al property
covered by the First Refunding Mortkate
OF The Kansas and COLORADO Fselnc sAn
way company dated fspfusIy lsVo,
the continued possession thefeof ~ sac
Receiver a. receiver IN the cause now penllhA
in the United states District iouf, loi
the Eastern District OF Assourh IssIs
mortgage in Vhich The Equitable Trust
Company OF New York Is complainant,
and the ssld Receiver ana any pSIg
10 said consolidated causes who shsn
he IN possesslon OF any OF said property o.
nremisss shall deliver the same over 70
said grantee or grantees, subject as atol"
said and said srsniee or 90 %.
sess and enjoy the property go CONVEYS
md transferred and every part and parcs
thereof. free from the trIst ana .ie4s ~
funding Mortgage OF the defendant Ran
wav company. and free from al cam.
rights. interest or equity or redemption ",
in or 10 the same b. or or the defenasn'
pauN.v Cornpany It's successors and a.
signs and By or Of the creditors ana stoch-
holders OF the defendant Railway corr
many and by or of an persons, clalmla<
hy under or through tbs defendant Rail
Wsv Company its creditors or Us STOCK
holders and by or OF al parties 20 the con
stituent causes In when 'ontnouMrslt'
steel company and Glaranlt ~
psnv Of New York and BENJAMIN p 70
va rfs. as Trustees. are complalnsntp AhN
bv or Of sll persons claiming uhdeF mem
o. any Of them, except lnr hoiasIs o, -.
XVIII and XII 81 said DEGREES IN 20 r.
-. but only In 20 far as SAID liens am
obigations AFFECT said property or an
uortIon thereof Upon The delivery Or IN
Decd or deeds by the Special Master a. sfors-
said the purchaser shall be entitled 10 NAYS
enj0s and receive All revenues anq eompena-
non FOR services rendered 20 any parties o.
p4rsons by the Receiver m Tie operation o.
ibe premises conveyed 10 such purchase
subsequent 20 The date ~ sale. a. veil a.
any and an material supplies sn1 oihe,
property acquired by the Receiver during Faid
neriod in the operation % tho premises con-
viewed 10 such purchaser. subject, however 70
the continued possession hy SAID Recover or
20 much OF said propsriy az snal De srnls's
10 NE First Refunding Mortgage Of The
Kansas and Colorado Pacific Railway Com
pany and 90 The further determination ~
said Court o. the amount OF SUCH revenues
and compensation properly affrlhutahle ="
said last named rnortgaSses ana the right -
make such further determination D. res=rF ~
by said DEGREES
matters and things not thereby dispose
Of Including the discharge % the receive
and the statement aud settlemeut OF rs
accounts. are reserved b. said Court To-
it, future adjudication.
FOR further particulars, reference "a
hereby made 10 said Special Masters reports
aud said hnsl DEGREES in ssid consondaiea
caufcs and IN the constituent causes on
fie I'M tho ofices OF the clerks ~ the Unit
ed states District Courts Tor tho Esstsrn
District % Missouri Eastern Division. ara
for th- Southern District OF New York.
Dated, January 6th, 1911.
JOSEPH r DOBYNS.