New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-05-31
MASTERS SALE

and the right, power and jurisdiction 10 taks
back and resell any property that shall bs
sold under said Final Decree In case an
purchaser or his or its successors or assigns
shall fail TO pay any % the obligations men
toned I'm said Article xxx within twenty
DAYS after service OF an order OF said Court
requiring said payment. or II an appeal b
taken from any such order, within Twenty
days after service OF written notice Of hngI
confirmation OF such order upon appeal
In the event that any purchaser. after DE-
mand made. shall refuse 70 pay any Of the
above mentioned obligations which under the
foregoing provisions Of said Article XXX
he IS or may be required 10 pay the persos
10 whom the same may be due upon twenty
days notice 10 sucn purchaser. may fis
petition IN said Court 70 have the ZANE
enforced against the property sold 70 such
purchaser. I'm accordance with the usual
practice OF said Court IN relation 70 ~
ments OF n similar character. and such ~.
chaser shall have the right TO appear ~
make defense 10 any claim. debt or denx
or the priority thereof 50 sought 10 BE- -
forced.
Y. Article XXXI OF said Flral rscfS
provides that the Receivers OF The CiBcn-
natl. Hamilton and Dayton Railway Csn-
pany shall. not more than twenty nor lee
than ten days prior tn the date Fixed for The
sale under said Final Decree. file with the
Clerk OF said Court an advisory statement
statements with reference 10 indebtednes4
liabilities. contracts and leases.
Any purchaser and his successor, or A.
signs shall have the right for the period Y
six months after the delivery Of the special
Masters deed, TO elect whether or not 70
assume or to sdopt as part Of the property
| embraced in such deed. any lease or contract
made by Tho Cincinnati. Hamilton anu DAY.
ton Railway Company appertaining 10 the
property purchased by him. and such pur-
CHASER. his successors or assigns. shall b
held not 10 have assumed or 10 have atoctsf
any lease or contract in respect Of which he
or they shall not have fled a written cleo
! ton 10 assume or TO adopt the same with
the Clerk OF said Court within said period Of
, six months or within such additional period
/ as said Court may thereafter by It's order
or decree permit.
Any purchaser and his successors or -
signs shall have the right 10 elect not -
/ take or accept any par, OF the properly
struck on 10 hin. by written notice 10 the
Special Master given at any time prior 70
tho execution and delivery OF the deed %
Instruments OF transfer from the special
Master. No such election b. any purchaser.
his successors or assigns, shall diminish 0
AFFECT the purchase price OF the property.
II. Upon confirmation OF sale and TIE
payment OF the purchase prize by any ce-
. chaser. BE- successors or assigns o. 49,
: making such provision for the payment
thereof as said Court may approve the epe-
cial Master making the sale shall steccts
10 such purchaser. his Successors or assigns
deed or deeds or other proper instrunsru
conveying. assigning and transferring us
property sold 10 such purchaser except ssca
part thereof. II any. as such purchaser. ~
successors or assigns. shall have elected nee
to take In accordance with the PROVISIONS -
such respect contained IN Article XxNf o.
said Final Decree, and upon the prodDcfios
OF such deed or deeds and assignments ~
transfers or a certified copy or copies tbersof
the grantee or grantees therein named shan
he let into tho possession OF the property ~
conveyed or transferred. Tie purchaser MS
successors and assigns. shall after fuch 40
livery 81 possession hold. possess and emo!
snHa.4 40 aNDWF
every part and parcel thereof free from ths
trust ana lien Imposed thereon T. the firs
Mortgage. I'D free from any cain, rgnt,
interest or equity Of redemption OF. IN or -
the same BY or OF The Cscinnau, Hamilton
and DAYTON Railway Company. us successors
and assigns. and ~ or Of tie creditors an
stockholders OF said Railway company. ana
BY or OF Gny party TO this cause and All ps'-
sons. partnerships and corporations claiming
ly under or through said Railway Company.
It's creditors or It's stockholders or AZ,
party to this cause. suoject. nefe1tneiess. "
the condition that the tourt may fe-tske sns
resell the properly conveyed or uanxfeFfeI
ga Ease such purchaser. MS successors ~
assigns. shall fail within the time Limited
to pay any balance OF the purchase price
%fi H. said Final Decree all eaesticae
not disposed Of b. said Final Decree are
reserved for future ADJUDICATION.
For further particulars. reference 10 hereby
made to sald final Decree and to the reeofe
~ testimony I'm the above mentioned Gauss
on fie In the Office OF the Clerk OF the pS
tric, Court Of the United States for ~
western Division % the SoJ,tern District y
Ohio.
Dated April 20. 1877.
AARON A. FERRIS.
Special Master.
.os Mercantile Library Boiidiro
Cincinnati Ohio
SQUIRE. SANDERS q DEMPSEY. Leadss'
New. Building Cleveland. Ohio:
ALFRED A. COOK.
III broadway New York CITY.
Solicitors for Plaintiff. The New
trust Company.