New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-10-12
MASTERS SALE
THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
(Cincinnati. DAYTON and Chicazoo
VICE OF SALE.

DAYTON RAILWAY COMPANY.
(Cincinnati DAYTON and Chicaxo)
NOTICE OF SALE
NorIcx rs HEEEBr GIVEN that pursuant 70
Final Decree made and entered In tbs Dis
rict Court Of the United states Tor me
outhsrn District OF Ohio. Western Division
n April 20. 1917, In certain cause IT.
guilty pending In said Court, entitled the
Jew York Trust Company. Plaintiff. against
he Cincinnati, Hamilton and Dayton Rail
ray Company. Bankers Trust Company ana
EXTRA. Trust Company OF New ferk, De
sndents. In Equity. No. 49," as modified ~
n order entered in said cause July II. 1871
nd an order entered IN said cause August 5,
sl7 I. Aaron A. Ferris. tho Special Master
eferred to In said Final Decree, VIII sell
( public auction 10 the highest bidder o.
ldders at the place where the mortEaged
mes OF railway cross the line OF German
own Avenue, IN the City OF Dayton. In the
tate OF Ohio, upon the premises formerly
wned By The Cincinnati. Dayton ana chi
ago Railroad Company. and upon toe prop
rty TO be sold. on September %, 1871. az
wo O'clock p. n. the property In sa.d Final
)ecres described and therein directed TO be
old. 10 wit The property embraced In the
'rI Mortgage OK IN. Cincinnati. Dayton
nd Chicago Railroad Company.
brief description OF the property 10 Dc
old at said sale Is as follows
All that portion OF the line OF rail-
way formerly belongin. 10 The Dayton,
Fort Wayns 4 Chicago Railway Company.
situated In the counties OF Allen. Van
Vert. Mercer. Dsrks, Miami and Mont
fonery IN the State OF Ohio. and begin
Ing st De!pho. In Allen County and run
ming In = soltherly direction through spen-
cerv!le In said Allen County, Van Vert
County. Mercer and Cei.na Ia Mercer
County, Versailles In Darkc County. Cow
lngton and West Milton In Miami County.
Saltwater Junction and Dayton IN Mont
gomery County, 10 the sad City OF Day
ton In said last named county, together
with branch line Of about one mile from
the National Homo for Disabled Nolun-
teer Soldiers TO the main line about ems
and one-hslf miles from the vestern cor
poration limits Of sad city OF Dayton, to-
gether with al tho properly OF q corporate
nature. or ownership Of every Kind for
merry belonging 10 Tho Cincinnati. Dayton
and Chicago Rsilrosd Company snd owned
and used BY Il IN constructing. mansg-
ing or operating It's read. including all
property. real and personal, together WIKI
all the rolling stock. equipments and 10
comotiyes ~ any time owned or acquired
ky IL or It's constituent companies or
predecessor. for constructing. repairing.
operating replacing or maintaining Its
railroad conveyed by It's First Mortgage.
dated April /, 1874, 20 Continental! Trust
Company OF tho City OF New YORK, az
Trustee, and al real estate acquired for
use In connection herewith. also all
rights OF way. rostbsds and the entire
superstructures thereof. and track at any
time placed thereon. and all stations. de-
pots shops, yards and cth-r grounds az
any time used In connection Herewith.
and all steel and iron rails, ties
railways. sidngs. switches bridges
fences turntables water isnks. VIA
ducts freight houses. car and engine
houses. machine sh-ps. ana AZ othsr
structures, buildings and fixtures what
sooyer and all tools. implements. macnin-
and supplies, owned or acquired D. II In
constructing. repairing, operating repisc-
lng and maintaining Its said railroad
also oil the rshts. franchises. privileges.
immuniiies and easements, and All leases,
l.aseholds. including all corporate fran
chises connected with said line OF rail-
road and property and all other property
O. whatever nature, real or personal, az
any time acquired or owned ey said The
Cincinnati Dayton and Chicago Railroad
Company
Tosether with the reversions. remand
ers tolls, incomes, rents. issues and
Profits OF the above described property
and premises, and also All the estate
right tlt.e interest ana claim. as well
in law as In equity, formerly OF ssid The
Cincinnati Dayton and Chicago Railroad
Company Of In. and TO the said premises
and every part thereof, with the sppur-
As more fully provided BY said Final De-
rec. TO which reference Is hereby made;
/ Said sale will be made without yaiua-
lon, sppra.semsnt. redemption or extension
II The Special Master may adjourn OF
ostpone such sale ami may, without further
ctice or Advertisement. proceed with the
ale on any date 10 which tho same may have
cen adjourned.
III. Any party 20 the cause. or any own
r or holder OF FIRST Mortgage Bonds OF The
,incinnati Dayton and Chicago Railroad
- - le-t rat
sonds) may bid or purchase at the sale.
w. Said property will be sold FREQ and
lear Of All lnterest. lisns snd claims OF any
md all parties TO the cause and OF each
nd al such persons, psrtnerships and cor
,orstlons as may hereafter become or bo
made parties hereto. ami OF each and al
srsons. partnerships and corporations claim
ng under them or any OF them
V The Special Master will offer for sale.
MY as an entirety. all tho property sdiudg 81
" said Final Decree 20 be embraced In the
first Mortgage Of Tho Cincinnati. Dayton
trik. OF and sell tho same 20 the highest
ldder subject to confirmation Of the sale
y the Court.
The Special Master will not. however. &C
ep, any BID FOR said property less than the
I'm OF s2f6,990, and II such required sum
hal not be bid the Special Master will sd-
ourn the sale and apply 10 the Court for
Grther instructions In respect thereof
The Special Master will receive no bid
rom any one offering TO bid who shall not
rst deposit with him as q condition prece-
snt 10 his right to bid and as a pledge that
UGH bidder will make good his bid In case
Z It's acceptance by the Special Master ana
onfi rmation BY the Court ihe sum OF 500 0ge
q cash or BY certified check upon any ma.
ionAl bank or trust company in the state OF
)hio or the City Of New York acceptable e
he Special Master. and made or endorsed
ayabls 20 his order. or IN lieu OF said d.
os.t IN cash or By check. $500, 900 face
mount OF First Mortgage bonds in bearer
orrn. bearing The coupcas sppurtenant TO
UGH bonds maturing October !. 1914. and
In lieu OF tho deposit OF First Mortgage
bonds and coupons with tho Special Ma ster
Iereby permitted. the Special Master will &C
ept the certidcats OF The New York Trust
,ompsny that Il holds subject 10 his order
ne amount therein specified OF FRS, Mort
age Bonds IN bearer form. accompanied by
he coupons therein stated. The deposit re-
slytd from anys unsuccessful bidder VIII be
eturned 10 him when tho property has been
truck OF The deposit received from any
bidder will be held by the Special
dsstsr subject 10 the orders OF said Court
md upon confirmation of the sals will Dc
.pplied on account OF tho purchase price Of
he property.
VI. In case any bidder. altar The accept.
Ince q his bid by the Special Master. shall
ali 70 comply within the period Of twenty
lays with any order OF the Court requiring
" relating TO the payment OF the balance Of
he purchase price, then the sums deposited
" such accepted bidder as h-relnbefore pro-
'idei, whether In cash or by check or repre-
ented b. First Mortgage Bonds. will be for
sited as a penalty for such failure and Will
10 applied 20 the payment OF re expenses
II y rssale and toward making good any de-
iclsncy or ldss In case the properly shail be
,old at a lsss price on any such resale and
Tor such other purposes as the Court may
llSsoS- II the Court shAll nsl cendTn any