New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-10
MASTERS SALE
THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
Cincinnati. DAYTON and ChlcsgoD
NOTICE OF SALE.

DAYTON RAILWAY COMPANf.
Cincinnati. DAYTON and ChlcagoD
NOTICE or SALE
NOTICE Is HEREBY GIVEN that pursuan NJ 20
Final Decree made and entered in the Dis
rict Court OF the United States for the
southern District OF Ohio, Western Division,
N April 20, 1917. in a certain cause IN
guilty pending in said Court. entitled The
sew York Trust Company, Plaintiff. against
The Cincinnati, Hamilton and Dayton Ras
way Company, Bankers Trust Company and
,entrsI Trust Company OF New York. De-
endants, In Equity, No. 49, as modified by
IA order entered In said cause July Il. 1917.
md an order entered IN said cause August s.
81. /, Aaron A. Ferris, the Special Master
eferred 10 In said Final Decree, viii sell.
u public auction 20 the highest bidder or
bidders, az ne place where the mortgage
ines OF railway cross the line OF German
own Avenue, In the City OF Dayton, In the
state OF Ohio, upon the premises formerly
'"ued by The Cincinnati Dayton and Chit
ago Railroad Company. and upon the prop
.rty 20 be sod, Oh September Is. 1917. &.
wO o'clock " N, the property in said Final
Decree descrbed and therein directed 10 be
old. 10 Wit: The properly embraced In the
first Mortgage OF The Cincinnati. Dayton
md Chicago Railroad Company.
\ brief description Of the property TO be
odd said sale Is as follows:
All that portion OF the line OF rail-
Fort Wayne Chicago Railway Company,
situated IN the counties OF Allen Van
Vert. Mercer. Darke, Miami and Mont
gCmery, IA the State OF Ohio and begin
ing AZ Delphos In Allen County and run
ming in a sOutherly direction through SpeU-
CsTyilIs in said Allen County, Van Vert
County, Mercer and Celina In Mercer
County. Versailles In Darke County. Gov
iugton and West Milton in Miami County
saltwater Junction and Dayton In Mont
4 AAaH
tos. IN said last named county. together
with a branch line Of about one mile from
the National Home for Disabled EOlun-
teer Soldiers TO the main line about one
and One-half miles from the western cor
poTation limits OF said city Of Dayton, to-
gether with all the property OF a corporate
nature. or ownership OF every kind for
merly belonging 70 The Cincinnati. Dayton
and Chicago Railroad Company and owned
and used by II In constructing, maDag-
ing or operating its road. including all
property, real and personal, together with
all the rolling stock. equipments and To-
C0motiyes az any time owned or acquired
by II or It's constituent companies or
predecessors for constructing, repairing
operating, replacing or maintaining its
railroad conveyed BY its First Mortgage.
dated April /, 1892, to Continental Trust
Company OF the City OF New York, ss
Trustee, and all real estate acquired for
use In connection Herewith. also all
rights OF way. roadbeds and tho entire
sgperstTuCtUTes thereof, and track a any
time placed thereon. and all stations, de-
pots shops. yards and other grounds al
any time used In connection Herewith
and all steel and iron rails, ties,
railways, sdings, switches, bridges,
fences. turntables, water tanks, VIA
ducts. freight houses, car and engine
houses. machine shops. and all other
structures. buildings and fixtures what
soever; and all tools. implements. machin-
cry. fuel, furniture. fixtures. materials.
and supplies, owned or acquired by II in
constructing. repairing. operating. reDlac-
ing and maintaining its said railroad
also all the rights, franchises, privileges,
immunities and easements. and all leases,
leaseholds including all corporate fran
chlses connected with said line Of rail
road and property and all other property
OF whatever nature, real or personal, at
any time acquired or owned by said The
Cincinnati, Dayton and Chicago Railroad
Company.
Together with the reverslons. 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 Gppur-
teuanCes
rec, 10 which reference is hereby made
l. said sale will be made without valua-
ion. appraisement, redemption or extension.
II. The Special Master may adjourn or
ostpone such sale and may, without further
office or advertisement proceed with the
ale on any date 10 which the same may have
cen adjourned.
III. Any party 10 the cause, or any own
r or holder ~ First Mortgage Bonds OF The
!ncinnau, Dayton and Chicago Railroad
Company hereinafter called First Mortgage
'ondsJ may bid or purchase at the sale.
" Said property will be sold free and
lear OF all interest, liens and claims OF any
nd all parties 10 the cause. and OF each
nI all such persons, partnerships and cor
orations as may hereafter become or be
lade parties hereto. and OF each and all
ersons. partnerships and corporations claim
lg under them or any OF them.
'. The Special Master will ofter for sale
My AS an entirety all the property sdiudged
Y said Final Decree 10 be embraced IN the
'Irst Mortgage or The Cincinnati. Dayton
nd Chicago Railroad Company. and will
;rike Of and sell the same 20 the highest
idder subject 10 confirmation OF the sale
y the Court
The Special Master will not. however, ac-
ept any bid for said property less than the
um Of S275O0O; and II such required sum
hall not be bid the Special Master will ad-
0urn the sale and apply 20 the Court for
Irther instructions In respect thereof
The Special Master will receive no bid
rom any one Offering 20 bid who shall not
rst deposit with him as a condition prece-
ent 20 his right 10 bid and as pledge that
uch bidder will make good his bid In case
Z It's acceptance by the Special Master and
10y the Court the sum OF $50. 900
! CASH. or by certified check upon any ma
onal bank Or trust company in the State Of
'hio or the City Of New York acceptable 10
he Special Master, and made or endorsed
ay8ble 10 his order. or tn lieu Of said de-
ost In cash or by check. $500 900 face
mount Of First Mortgage bonds In bearer
orm. bearing the coupons appurtenant 10
UGH bonds maturing october /, 1914, and
In lieu Of the deposit ~ First Mortgage
onds and coupons with the Special Master
sreby permitted the Special Master will ac-
sp, the certificate OF Tbs New York Trust
ompany that II holds subject 10 his order
he amount therein specified OF First Mort
age Bonds In bearer form, accompanied by
he coupons therein stated. The deposit re-
.ived from any unsuccessful bidder Will be
aturned 20 him when the property has been
truck on The deposit received from any
IcCessful bidder will he held by the Special
IA gfer s.niest 10 the orders Of said Court,