New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-06-06
MASTERS SALE

- s,rf, rurchaser. By written notice Of such
election n the Special Master gwen a. an,
time prior 20 the execution ana dt4''eIS %
the deeds or otner instruments OF convey
auce from the Special Master 30 suSn e
ton by a purchaser. his successors OF a..
signs. shall diminish Or affect me P-'e"A''
price 10 lie paid ~ such purchaser.
Neither the IA: .. purchase nor the ac'
csptsncs Of A , ed or deeds by purchaser.
or his successors or assigns, nor any cOhlHc'
or user OF rights ty a purchaser, ms success
sors or assigns. within me Ps,HV| con,
year hereinafter mentioned shau DC con'
strued "a an election 10 accept any cohtract
agreement or lease sold - part ~ thy plop
erty offered pursuant 70 saii I4i"i ie.
or embraced IN any deed or other !nstfulneu.
IL conveyance from the Special Master OF
the property purchased by such p1Eehaset'
but each purchaser, his successors or as
signs shall be allowed a period or sne year
from the date Of taking possession OF .ns
property sold 10 HIM WITHIN when 70 ere.
whether or not to assume, or 70 auoPN a.
mart q the property embraced IN any suca
deed or other instrument OF conN vance am
lease. agreement or contract "hl'h may -
included In the properly so.c 70 mn y. -
may constitute an Incident or affu' .,i.''--S
thereof eNeept The contract between the re
ceiyers and Mdgmee Ice ana S'orass -
roiat!On authorized by inc ot4sI ~ ~ 49,
This Consolidated Cause April ~ 1911, an
the contract between the receivers anu en'
city OF Dayton authorized by the oFHe. en- aa
tered in this Consolidated cause AplH -.
1917. and such purchaser. MS sIC'esSgy. 49,
assigns shall te held not 20 have a4'P't.
or TO have assumed any lease. ssreeihrn' ..
. contract. except said contract Det",Sl ne
receivers and Maumee Ice and storage -.
pOration. and said contract between the -
Ceiycrs and the city Of Dayton IN resptcl %
which he or they shall not have flied VIII
ten election TO assume or 80 10 Auop' t,SIn
same with the Clerk Of SAID court 49,
said period OF one year or WITHIN suSu aHe'
tional period as said Court may hefeaI'e' -
its order or decree permit.
Fourteenth. Upon the confirmation OF M
tasaFl rfF
successors or assigns, Of the purchase pliee,
or such portion OF such purchase price a,
+ shall. pursuant to the proNlsiohs % a.
/ Final Decree or other order OK sald CouI' az
respect thereto be required 10 he paid IN az
vance OF the delivery Of the deeds or ot1eI ~
struments Of conveyance ami transfer ~
Special Master. or upon MAKING suy" 60.
vision for the payment Thereon az s"iH -
shall approve. the Special Master hahlHs
the sale will execute a deed Or deeds OF ON
. instruments conveying, assigning anu 49,.
ferring 10 such purchaser MS successors VI
assign. the property sold 20 sutn lui c'"''
subject however 10 Article TWeltth OF SalH
Final Decree. said deed or deeds on ONE.
instruments OF conveyance or aS~ls .inl-''. u,
transfer shall run and be delFeIei 10 su''
purchaser or at his election 10 ms asSls"s'
and upon the production theIeol, OF ol q
certified COPY or copies thereof me dh'ee
or grantees therein named Snall De icy ~
/ possession Of the property 80 conveyed or
transferred and shall. after such dellVery OF
possession. hold, possess and ENJOY INC ploP.
erty so conveyed and transferred anu elely
part and parcel thereof free from any uust
and lien imposed thereon by the lronton
Mortgage, and free from any trust ehd i .ien
/ imposed thereon by the First and helunIihs
Mortgage. and free from any trust anu Neh
iuposed thereon by the General Mortgage
and free from all claims, rights, interests OF
equity Of redemption OF, IN or 10 the sans
| by or OF the Railway Company, us sIII.e
sors and assigns. and by or or the creultols
and stockholders OF the Railway company,
I and by or OF all persons claiming oy, ulu1'
/ or through the Railway Company, It's cIeu-
1 itors or lts stockholders, ana oy OF OF any
and All parties TO said Consolidated cause
or any OF the constituent causes, ana ~ o.
/ OF all persons claiming by, under or thtousI
them or any Of them, and by OF Oh smy "i ~
all the owners or holders at any the OF
. hands and coupons issued under the lIon1oh
I Mortgage or the First and ketundlhs jul
gage or the General Mortgage suDJeCt, no"
ever TO the provisions OF AFtiCIe N'"'" Va
/ said Final Decree.
( Fifteenth b. said Final Decree said Court
} reserves for future adjudication all ques-
tions not disposed Of by said flnal Dec &c:
including the rights OF all claimants age ms
/ the Railway Company under the claims hIeu
: by them with the special master in SAID Con
ISOLATED Cause prior to April q. 1911
/ For further particulars reference is hereby
& made TO said Final Decree and 10 the RECORD
and testimony in said Consolidated Gauss
- In the constituent causes on file in the
office OF the Clerk Of the District Court OF
he United States for the Southern DlstFlc'
OF Ohio, Western DIVISION
I Dated April q. 1917.
EDWARD ". STRONG.
Special Master.
Virgins Block. Cincinnati, Ohio
! WHITE & CASE. "A Wall Street. New York
City.
MAXWELL & RAMSEY. Union Central
Building. Cincinnati. Ohio
Solicitors FOR Bankers Trust Company
Plaintiff
PATTERSON. EAGLE, GREENOCGH K
DAY. 100 Broadway, New York CITY,
/ ERNST. CAssATT & COTTLE, First Ma
tional Bank Building. Cincinnati. Ohio,
Solicitors for United States Mortgage
and Trust Company.
Complainant.
JOLINE. LARKIN & RATHBoNE. 81 Wall
Street New York City,
BEN B. NELSON. Fourth National Bank
Building. Cincinnati. Ohio,
Solicitors FOR Central Trust Company
OF New York.
Complainant