New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-02
MASTERS SALE

have the RICH, 10 contest any claim, d.msrs
or allowance existing AZ the time OF the a.ls
and then undetermined and any claim or de-
rand which thereafter may arise or he pre-
sented. which shall be payable ~ any such
purcha ser. his SUCCESSORS or assigns. or Nh,ca
snail he cha rgesble against the property SOD
10 such purchaser IN addition 70 the arnof,,,
hid AZ the sale. and he or they may appeal
from any de .tsion relating 70 any such claim
demand or allowance.
Thirteenth Any purchaser. his successor.
or assigns. shall have the right 10 elect nott,
take or accept any part OF tho property so1
10 such purchaser. by written notice o. Sucs
election TO the Special Master given a. any
tins prior 10 the execution and delivery 4,
the deeds or other instruments Of convex.
snco from the Special Master No such eisr-
ton BY a purchaser. his successors or a.
signs shall diminish or affect the pgrchss.
price 10 be paid BY such purchaser.
Neither the fact OF purchase nor the a..
ceptance Of a ed or deeds ~ purchases
or his SUCCESSORS or assigns, nor any condart
or user Of rights BY purchaser. his success.
sors or assigns within the period % o..
year hereinafter mentioned shall ~ con.
strued an election 10 accept any contract
agreement - lease sold - part OF the prop.
erty offered pursuant 70 said FINAL Deere.
or embraced In any deed or Other instrum.r,
Of conveyance from the Special Master Of
the property purchased By such purchaser:
but each purchaser, HE successors or as
signs shall be allowed q period OF one year
from the date OF taxing possession Of N.
property sod 10 MIN within which 10 .ls,
whether or not TO assume. or 10 ADOPT a.
part Of The property embraced IN any tuch
deed or other instrument OF confeyance. s1y
lease. agreement or contract which may a
included 10 the property sold 20 him Or Hhks
may constitute an incident or sppurtsnzns
thereof. except tho contract between The 70
ceiysrs and Msumee Ice and storage Or.
pOra'ion authorized by the order entered Il
this Consolidated Cause april 10. 1911. n.
the contract between tho receivers and ~
city Of Dayton authorized ~ no order -
tered IN this Consolifated Cause April -
1917, and such purchaser. his successors o.
assigns. shall be held not 70 have adoptss
or TO have assumed any lease. agreement o.
contract. except said contract between TIE
receivers and Msumee Ice and Storage Cor.
porstlon. and said contract between the re-
ceivers and the city % Dayton IN respect o.
which he or they shall not have filed a wrt.
same with the Clerk Of said Court Nithia
said period 81 ore year. Or within such add
tional period as said Court may hereafter b.
It's order or decree permit
Fourteenth Upon the confirmation o, the
sale and upon payment by any purchaser. his
SUCCESSORS or assigns. % the purchase price.
or such portion ~ such purchase prizes a.
shall. pursuant 10 The provisions Of said
Final Decree Or other order OF said Court ia
respect thereto. be required 70 be paid IN ad.
vance OF the delivery % the deeds or other In
siruments OF conveyance and transfer By The
Special Master. or upon making such pro-
shall approve the Special Master making
the sale viii execute a detf or deeds or other
Instruments conveying. assigning and trans
ferrinE % such pfNchaser his successors o.
assign. the property sold 10 such purchaser,
subject however, % Article Twelfth Of said
Final Decree. said deed or deeds or Other
instruments % conveyance or assignment or
transfer shall rgn and BE- delivered 70 such
purchaser, or a. his election 70 his assigns
and upon the prc4gctiOn thereof, or o.
certified coy o. ooplss thereof. the grsnies
or Eraniecs the-'-n named shall oe lst IN
posses-.cn - t-- prcper.y 80 conveyed o.
transferred art stz.i. after such delivery CT
possession. rc-t. p0fsess and enioy the prop
erty 50 cCrseys- s-l transferred ana every
part ard pa-ce. the-ecf free from any rus.
and lien .mpcsel thereon By the lronton
Mortgage. ard free from any trust ana lien
IMPOSED thereon ~ tne FIRST ana Refufclns
Nortgag and free from any trust and lien
imposed thereon - the General Mortgage.
and free from all claims. rights, interests or
equity Of redemption q. IN or 20 the same
BY or q the Railway Company It's sloces-
sors ard assigns. and b. or al the creditors
and stockholders % the Hallway company.
and b. or OF ali persons claiming by, uacer
or through tho Railway Company, It's cred-
itors or its stockholders. aud b. or OF any
and all parties 10 said consolidated AUS
or any Of the constituent causes ana ~ %
OF all persons claiming by. under or through
them or any OF them, and ~ Or OF any ana
all the owners or holders az any time OF
bonds and coupons Issued under ne Ironton
Mortgage or the First and Refundlrg MORT
gage or the General Mortgage. subject nov.
ever 10 the provisions OF Article Ninth Of
said Final Decree. -.
Fifteenth. By said Final Decree said Count
reserves for future adjudication all cues
tons not disposed OF by said Final Decree
including the rights OF all claimants against
the Railway Company under the claims nlsd
BIZ them with the special master IN sald Con-
solldstsd Cause prior 70 April Fl. 1917.
For further particulars reference - hereoy
made 20 said Final Decree and 10 The record
and testimony in SAID Consolidated Gauss
and in the constituent causes on ne In the
ofice OF the Clerk Of the District Cour, OF
the United States for the Southern District
OF Ohio, Western Division.
Dated April Il. 1917. -
EDWARD W. STRONG,
Special Master.
Virgins Block. Cincinnati. Ohio
WHITE & CASE, u Wall street. New iorS
MAXWELL 4 RAMSEY. Union Central
Building Cincinnati. Ohio.
Solicitors for Bankers Trust COMPANY
PATTERSON, EAGLE, GREENoUGH Z
DAY, 100 Broadway New York City,
ERNST. CASSATT & COTrLE. First Ma
tional Bank Building. Cincinnati, ono.
Solicitors for United states Aorts2u
and Trust Company.
Complainant - =,
JOLTNE. LARKIN & RATHBONE, % wan
street, New York City.
BEN g. NELSON. Fourth National banx
Building. Cincinnati. Ohio,
Solicitors for Central trust CompAh'
OF New York.
Complainant.