New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-03
MASTERS SALE
TIT, CINCINNATI. HAMiLT0N Il DAY
TON RAILWAY COMPANY.
Cincinnati, Dayton & ChicagoD


Notice is hereby given that pursuant 10
Final Decree made ana entered IN the Dis
trict Court OF the United states for me
Southern District OF Ohio. Western DIVISION
on April 20. 1917. in a certain cause In equity
pending IN said Court, entitled The New ora
Trust Company. Plaintiff. against the in
cirnati. Hamilton ana Dayton Railway Com
pany, Bankers Trust Company and Central
Trust Company OF New YorS. Defendants,
In Equity. No. u.s.. J. Aaron A. Ferris.
the Specis, Master referred TO In said Final
Decree will sell, a. puolic auction to the
highest bidder or bidders, al the place where
the mortgaged lines OF railway Gloss the line
al Germantown Avenue, in the city OF Day
ton in the state OF OHIO, upon the premises
formerly owned by The Cincinnati. Dayton
and Chicago Railroad Company, am upoh
the properly 10 be sold. on June :, 1871, al
fvO O'Clock, T. NJ. lhe property IN said FIna
Decree described and therein directed TO be
sold, to-vit: tho property embraced In tie
First Mortgage OF The Cincinnati. Dayton and
Chicago Railroad Company.
\ brief description Of the properly 10 be
sold At said sale is as follows:
All that portion Of The line OF railway
formerly belonging 10 The Dayton Fort
Wayne & Chicago RAILWAY company, stu
ated in the counties OF Allen, Van Vert.
Mercer' Dsrse Miami and MoutgoIrerv in
the STATE OF Ohio and beginning AZ Delphos
IN Allen County and running In a SOUTH
crly direction through Spencerville in said
Alien County. van Vert County, Mercer
aud Celina In Mercer County. Versailles III
in Miami County. Saltwater Junction and
Dayton In Montgomery County. 10 tie said
City Of Dayton. ~ said last named county
together with branch line or ABOUT one
mile from the National Home Tor Disabled
Volunteer Soldiers to the main Inc about
one and one-Aaif miles from Tie western
corporation limits Of said city az Daj ton
together with all the property OF a coipo-
rate nature. or ownership OK ever Kind
formerly belonging 20 The Cincinnati. Day
ton and chicago Railroad Company aud
managing or operating its road. including
all prOpeItf, real and personal. toScth' p
with all the rolling stock. equipments and
locomotives at az 'ine Owned or scqule 20
by II or its constituent companies or pre- lie
cessOrs for constructing. repairing. opefat-
iug, replacing or maintaining It's railroad
conveyed BY its First Mortgage dated AVril
l. 1892. to Continental Trust Company 81 the
City OF New lo-s. as Trustee. and all real
estate acquired FOR use in connection there
with. also all rights Of way, rosdbeds and
the entire supe. structures thereof and
track at any time placed thereon and all
stations. depots, sh-ps. yards and other
grounds at any time used in connection
herewith. and III steel and iron rails. ties.
railways sidirgs. switches. bridges. fences,
turntables water tanks. v.sducts. freight
houses. car ana engine houses. machine
shops. and all other structure buildings
and fixtures whatsoever. aud all tools. i'm
plements. machinery. fuel. furniture. nNt-
Gres, materials. and supplies. owned Or ac-
CURED by IL i'm constructing repairing.
operating, replacing ana maintaining us
said railroad; also all the rights. fran
chises, privileges. immunities and ease
ments. and all leases, leasehOlds. including
all corporate franchises connected with said
line Of railroad and property and all other
property OF whatever nature. real or per
sonel, at any time acquired or owned BY
said The Cincinnati. Dayton anu Chlca go
Railroad Company.
Together with the Ieversions. remalnders.
tolls. incomes. rents. issues and profits OF
aGWAF q q raafE
and also all tho estate. right. title, interest
and claim, as well in law as IN equity.
formerly OF said the Cincinnati. Dayton and
Chicago Railroad Company. o. IN and To-
the said premises. ana every part thereof.
with the sppur' enances
As more fully provided By said Final lie.
cree. 10 which reference Is hereby made:
l. said sale will lie made without valuation,
apprsisemsnt. redemption or extension.
III. The Special Master may adjourn or
postpone such sale ami may. without further
notice or advertisement. proceed with the sale
on any date 20 which The same may have
been adjourned.
H. Any party 10 the cause OF any owner
or holder Of First Mortgage Bonds OF Tho
cincinnati. pa' ION and chicago Railroad
COMPANY hereinafter called First Mortgage
Bondsl may bid or purchase al the sale
~. Said property. whether sold as an en-
t!rety or IN parcels. wlll he sold free and
clear OF al interest. liens sul Claims q any
and all psTties to tie cause and 70 each
rofauOns as may heredftel become or ue
made parties hereto. and OF each and all
persons. partnerships ami corporations claim
ins under them or any Of them
Y. said sale VIII be made In the following
manner.
ca The Special Master will first offer for
sale a. an entirety all the property ad-
judged b. said Final Decree TO he embra ed
IN the lirst Mortgage Of The Cincinnati.
Day ton ana Chicago Railroad Company. ANA
viii note the highest hlI therefor.
90 The Special Master VIII next oNer 'or
sac. separately and as an eptirety. tie fol-
loving property:
All hat portion o, the line q railway
formerly belonging 10 The IA, ton Fort
wayne & chicago Railway Company. stu
ated IN the Counties OF Allen Van Vert.
Mercer. Darke. Miami and Montgomery in
the state OF Ohio. and beginning at Del
phos IN Allen County and running IN
southerly direction through spenceryine IN
said Allen County. Van Vert County. Mer-
Ger and Csllna IN Mercer County Versailles
in Darke County. Covingfon and West MI
ton Ia Miami County TO a point on said line
designated as Survey station az 81 about
1900 feet north west Of the point where the
line OF railway embraced in the First Mort
gage crosses the line OF the Pittsburg
Cincinnati chicago and 81 Louis Railway
Company 90 or near Saltwater Junction bon
Montgomery County. and all real estate
- acquired for use In connection herewith.
and all rights ~ way. rosdheds and The
entire superstructures thereof and track at
any time placed thereon and Ali stations