New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-04
MASTERS SALE
THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
Cincinnati, DAYTON and ChicaEo)

NOTICE l. HEREBY GIVEN that pursuant 20
e Final Decree made aut entered IN the DIS
tr!ct Court ot the United States for the
Southern District OF Ohio. Western Division,
on April 90 1917, In a certain cause In
equity pending In said Court, entitled The
New York Trust Company, Plaintiff, against
The Cincinnati. Hamilton and Dayton RdA-
way Company. Bankers Trust Company ana
Central Trust Company Of New YORK De.
PENDANTS. In Equity, No. ll5,' as modified by
an order entered In said cause July l.. lyI I,
and an order entered IN said cause August 8,
1911, I. Aaron A. Ferris, the Special M2ste!
referred 20 in said Final Decree, vii. sell,
al public Auction 70 the highest bidder or
bidders, az the place where the mor,gaged
lines OF railway cross the line Of German
town Avenue In the City Of Dayton. In the
State OF Ohio. upon the premises formerly
owned by The Cincinnati Dayton ana chi
cago Railroad Company, and upon the prop
erty 70 be sold. on September 25, 1917. at
two o'clock ?. NJ, the property IN sad Final
Decree described and therein directed 20 be
sold 70 wit: The properly embraced IN the
First Mortgage OF The Cincinnati Dayton
and Chicago Railroad Company.
brief description Of the property 20 be
sold at said sale Is as follows
All that portion Of the line ~ rail-
way formerly belonging 20 The Dayton,
Fort Wayne & Chicago Railway Company
situated In the counties OF Allen Van
Vert. Mercer, DaTEe, Miami and Mont
gome-y, IN the State Of Ohio, and begin
ing at Delphos IN Allen County and run
ming In a souther!y direction through Spen-
cerville in said Allen County. Van Vert
County, Mercer and Celina IN Mercer
County. Versailles In Dsrke County. Cow
!ngton and West Milton In Miami County,
saltwater Junction and Dayton in Mont
gomery County. 70 the said city o, Day
ton In said last named county. together
with branch line OF about one mile from
the National Home for Disabled EoIun-
Soldiers the 0-ln line dUDut ono
and one-halt miles from the western cor
poration limits Of said city OF Dayton, to-
gether with all the property Of corporate
nature or ownership Of every KIND Tor
merly belonging TO The Cincinnati, Dayton
and Chicago Railroad Company and owned
and used By Il in constructing, manas-
Ing or operating It's road, including all
property real and personal. together With
all the rolling stock, equipments and To-
ComOtiyes az any time owned or acquired
By IL or its constituent companies or
predecessors for constructing repairing,
operating replacing or maintaining ITS
railroad conveyed by lts First Mortgage,
dated AprN l. 1899. 10 Continental Trust
Company OF the City OF New York, as
Trustee. and all real estate acquired for
Use In connection herewith, also all
rights OF way. rOddbeds and tho entire
superstructurss thereof, and track a. any
time placed thereon. and all stations, de
pots, shops. yards and other grounds A.
any time used IN connection herewith.
and ali steel and iron rails. ties,
railways, sidngs switches, bridges,
fences, turntables water tanks, VIA
ducts freight houses, car and engine
houses, machine shops. and az other
structures. buildings and fixtures what
soever. and all tools, implements, mdchn-
cry fuel, furniture, fixtures, materials.
and supplies, owned or acquired by II 10
constructing. repairing. operating. replac-
ing and maintaining Its said railroad,
also all the rights, franchises, privileges,
immuu!ties and easements, and all leases.
leasehods. including all corporate fran
chlSes connected with said line OK rail-
road and property and all other property
OF whatever nature, real or personal. al
any time acquired or owned by said The
Cincinnati Dayton and Chicago Railroad
Company.
Together with the reversions. remand
ers, tolls. incomes, rents, Issues and
profits OF the above described property
and premises. and also all the estate.
right title, interest and claim, as well
in law as In equity. formerly OF said The
Cincinnati. Dayton and Chicago Railroad
Company. OF. in, and 10 the said premises.
and every part thereof with the appur-
tensnces.
As more fully provided by said Final De
rec, 70 which reference Is hereby made:
l. said sale will be made without valua-
ion, appraisement. redemption or extension.
ri The Special Master may adjourn or
,otlcs or advertisement. proceed with the
ale on any date 20 which the same may have
Jeen adjourned.
III Any party 10 the cause. or any own
y or holder OF First Mortgage Bonds Of The
Cincinnati. Dayton and Chicago Railroad
Company hereinafter called First Mortgage
BondsJ may bid or purchase at the sale.
". Said property will be sold free and
lear Of all interest, liens and claims OF any
and all parties 20 tho cause, and OF each
md all such persons. partnerships and cor
1orations as may hereafter become or be
made parties hereto. and Of each and all
persons. partnerships and corporations claim
rE under them or any OF them
y The Special Master Will oner for sale,
'nly as an entirety, all the property sdjudgeI
BY said Final Decree 70 be embraced In the
First Mortgage Of The Cincinnati Dayton
and Chicago Railroad Company. and will
strike of and sell the same 20 the highest
By the Court
,ept any bid for said property less than the
sum Of 1878 900, and II such required sum
shall not be bid ths Special Master will ad-
ourn the sale and apply 10 the Court FOR
urther instructions iu respect thereof
The Special Master will receive no bid
rom any one offering 20 bid who shall not
lrst deposit with him as A coalition prece-
lent 10 his rlghy 20 hid and A pledge that
such bidder VIII make good hts bid In case
u It's acceptance by The Special Master and
confirmation boy the Court the sum ~ 500
n cash, or by certified check upon any ma
ionsl bank or trust company In the State 81
ohio or the City ~ New York acceptable 20
he Special Master. and msds or endorsed
- % 4.