New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-08
MASTERS SALE


shall be sold under said DEGREES In eass
the purchaser OF purchasers. or hls OF
their successors. SHAH fail TO paw any o.
the claims mentioned IN said Article. With
IN twenty days after service Of en- ordsf
Of the Court requiring such payment. or u
an appeal be taken from any such order.
within twenty days after service 81 writ
ten notice Of dnsl confirmation Of such or
der upon appeal
In the event that any purchaser st,s-
demand made, shall refuse 10 pay any Of
oili,ies which under the provisions %
said Article NNVlI he Is may be re-
CURED 10 pay. the person holding the claim
therefor. upon twenty days notice TO sae1
purchaser. may hle a petition In the Court
10 have such claim enforced against tho
property sold to such purchaser In ac-
cordanee with the usual practice OF We
Court In relation TO payments Of a simila'
character: and such purchaser shall have
The right TO appear aud make defenss %
any claim. debt or demand or the priority
thereof so sought 20 be enforced.
10 Article XVII OF said DEGREES provtdss
that the Receiver shall. not more than NJ
teen nor less than nVe days prior TO thi
date nxed for the sale under said dsersss
District Court for the Eastern District OF
Missouri. Eastern Division. an Approximate
and advisory statement or statements Win
reference TO ali rolling stock and othe,
property acquired by him. the smouS' o.
moneys In his hands. and with rete. sncs
20 certain. indebtedness. Liabilities elaim'
and demands OF the Receiver and ef 'hS
H. Any purchaser Of the property De
scribed in Article VII and IN Article XII
OF the said DEGREES and In the descripuNs
clauses hereof or OF any parcel Thereon.
viii have the right TO enter his appearance
In said consolidated causes. and he or any
OF the parties TO the constituent causes
wherein commonwealth steel company sht
Guaranty Trust company OF New York AMI
Benjamin r. Edwards. as Trustees. arr
complainants respectively. VIII nave th'
right to contest any claim. demand or a.
lowance existing at the time or the SAFE,
and then undetermined, and any claim o
demand which thereafter NAV arise or n
presented which shall "a payable by an
such purchaser, or which shall be charge
able against the property sold to sueh puf-
chaser
H.. Anv purchaser OF the property g..
scribed in Article VII and in Article MI
OF said decress and IN the descriptive
clauses hereof. or OF any parcel thereof
and whether or not he has exercised o.
used any rights hereunder, shall have M
right. within six months after the deliTei
OF the deed or other instruments OF con
veyance or transfer by the underaigne't
Special Master OF the property purchase
by him. or within such additional period
said United States District court TO-
the Eastern District OF Missouri, Eastert
Division may hereafter by its order or da'
cree permit. TO elect not to assume o.
adopt any lease OF contract made hy ths
defendant Railway Company or by the re
ceiyer. which Is part OF the property en-
veyance or transfer. Such election shsii
be made by instrument In writing. signed
BY che said purchaser and shall contain
general description Of the contracts
leases which he elects not 10 sssum, o.
adopt. and shall be filed with tho clerk o.
said Court within tho Aforesaid period. NJ
user OF rights, prior to me e.p'rsuo n,,,a a.
the purchaser in respect OF such election.
and upon the Ming OF such election saii
purchaser shall be deemed not 20 nave as
= I'd "a
leases or rights therein described nor 10 %
bound by tho obligations Of said contracts
or leases provided. however mat such slcS-
tion shall not entitle the said purchassr ~
any reduction In the amount % tho pa
made AT said sale or In amounts 10 De
paid az in said DEGREES provided.
IL. Any purchaser OF the property De-
scribed In Article VII and IN Article XII
OF said DEGREES AMI In the descriptive
clauses hereof or Of any parcel thereof.
shall have the right 20 elect not 20 axe or
accept any part Of the property 50 sold -
such purchaser, by written notice or hl1
election given 10 the undersigned kpecis'
Master a. any time prior 20 the execution
and delivery Of the deed or other instru-
ments Of conveyance or transfer by thS
special Master No such election by apbf-
chaser shall diminish or sfect the pur
chase price 20 he paid by such purchaser.
ID Upon combination Of the sale OF suy
or all OF said parcels and upon payment c,
the purchase price Or such portion thereof
District Court for the Eastern District %
Missouri Eastern Division, be required 20
be paid in advance OF tho delivery or tns
deed or other Instruments OF conyeyancs
and transfer. or upon tha making by any
purchaser OF such provision for the pay .
msnt thereof as said Court shall approY"'
the undersigned special Master VIII eye
cute and deliver a deed or deeds or other
proper instruments conveying sssigninS
and transferring to such purchaser, or as
chaser, subject however, TO the proVisiohs
OF Article XIV Of said DEGREES.
t-pon the delivery OF such dssd or deeds
or other Instruments Of conveyance or as
signment or transfer, the grantee o
grantees therein named shall Be let into
the possession Of the property 80 eonyeyel
or transferred, subject ss 10 al propeiLL
covered by the First Rsfundins Aortgsg'
% The Kansas and Colorado Pacific RAJ
way Company dated February ]. lHos q
the continued possession Thereon ~ saN
in the United States Dlst-iot Court TO-
tina Eastern District of Missouri Esst
ern Division. for the foreclosure OF ssif
COMPANY OF New York is complsinsn.
and the said Receiver and any part
to said consolidated causes VINO shs
be In possession Of any OF sale property 81
premises shall deliver the same over 10
said grantee or grantees subject as atore
said. and said grantee or grantees snali'
after such delivery OF possession. hold, po'.
s4ss and enjoy the property 80 convey
md transferred, and every part and parcei
thereof free from the trust and Zen I'm
posed thereon by tho said k1rAt ana re
funding Mortgage Of the defendant RAJ
way Company. and free from all claim,
rights interest or equity OF redemption o.
In or to the same BY or or the defenoaht
Railway Company it's successors and a.
signs and by or OF the creditors and stoek-
holders OF the defendant Railway Com
pany, and by or 81 all persons. claiming
by, under or through The defendant RAJ
holders ard by or OF ell parties TO the con
stituent causes in which Commonwsaltn
steel Company and Guaranty Trust Corr
psny OF New York ana BENJAMIN z. &c
wards as Trustees. are compliments. and
BY or OF all persons claiming under them
or any OF them, except the holders OF ne
XXVITI and XII OF said DEGREES in 50 fsr
a. but only in far as said liens and
obligations AFFECT said property or an
portion thereof Upon the delivery ~ the
ICED or deeds by the Special Master as afors-
said, the purchaser shall be entitled 10 nave
enjoy and receive all revenues ard eompenss
tion for services rendered 20 any parties o.
persons by the Receiver IN the operation %
the premises conveyed 10 such purrhs"r
subsequent 20 the date OF sale, a. well az
any and all material, supplies ana
property acquired By the Receiver durins <sic
period in the operation % the premises con
veyed TO such purchaser, subject however, 90
the continued possession by .sid Receive o.
so much OF said property as shall be subject
20 the First Refunting Mortgage OF The
Kansas and Colorado Pacific Railway Com
pany and 10 the further determination o.
said Court Of the amount OF such revenues
and compensation properly attributable to
said last named mortgaxe; and the right 20
make such further determination 10 reserved
by said DEGREES.
i6 BY said DEGREES all questions Issues:
matters and things not thereby disposed
Of including the discharge OF the Receiver
ard the statement and settlsG,ent o. ais
accounts. are reserved By said Court for
it, future adjudication.
For further particulars reference 10
hereby mad. 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 81 the Unit
ed states District Courts for the Eastera
District Of Missouri, Eastern Division ana
for the Southern District OF New YORK
Dated. January 9Th, 1871. -
JOSEPH s. DOBYNs,
Special Aastsr.
A pr-Ggrfr