New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-24
MASTERS SALE
THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
Cincinnati. DAYTON and Chicago)
NOTICE OF SALi

THE CINCINNATI. HAMILTON AND
DAYTON RAILWAY COMPANY.
Cincinnati. DAYTON and Chicagoo
NOTICE or SALE
NOTICE Is HEREBY GIVEN that pursuant TO
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
Few York Trust Company. Plaintiff. against
he Cincinnati. Hamilton and Dayton Rail
way Company. Bankers Trust Company and
CENTRAL Trust Company OF New York. De-
In Equity. No. 49," as modified by
n order entered In said cause July II, 1917,
md an order entered in said cause August .,
9l7. ]. Aaron A. Ferris, the Special Master
eferred TO in said Final Decree, will sell,
L public auction TO the highest bidder or
dders. at the place where the mortgaged
Ines OF railway cross the line OF German
own Avenue. in the City OF Dayton. in the
state OF Ohio. upon the premises formerly
wned by The Cincinnati. Dayton and Chi
ago Railroad Company. and upon the prop
rty TO he sold, on September 25, 1917. at
wo o'clock p. NJ, the property In said Final
Decree described and therein directed TO be
old. to wit: The property embraced In the
first Mortgage OF The Cincinnati. Dayton
nd Chicago Railroad Company.
A brief description OF the property TO he
old at said sale IL as follows:
All that portion OF the lIns Of rail
way formerly belonging TO The Dayton.
Fort Wayne & Chicago Railway Company.
situated In the counties Of Allen. Van
Vert, Mercer. DsTke, Miami and Mont
eomery, in the state NJ Ohio. and begin
ing al Delphos in Allen County and run
ming In d southerly direction through Spen-
cerville in said Allen County, Van Vert
County. Mercer and Celina in Mercer
County, Versailles in Darke County. Cow
ington and West Milton In Miami County.
Saltwater Junction and Dayton In Mont
gomery County, 10 the said City Of Day
ton In said last named county, together
with q branch line OF about one mile from
the National Home for Disabled Nolun-
teer Soldiers to the main line about ono
and one-half miles from the western cor
poration limits Of said city OF Dayton. to-
gether with all the property OF a corporate
nature or ownership Of every Kind for
merry belonging 10 The Cincinnati. Dayton
and Chicago Railroad Company and owned
and used by II in constructing, manae
ing or operating It's road. including all
property. real and personal. together with
all IN. rolling stock. equipments and To-
comotives at any time owned or acquired
rs II or It's constituent companies or
predecessors for constructing. repairing.
operating replacing or maintaining it's
railroad conveyed by It's First Mortgage,
dated April /, 1892, 10 Continental Trust
Company Of the city Of New York. as
use in connection Herewith. also all
rights OF way, roadbeds and tho entire
superstructurrs thereof, and track a. any
time placed thereon, and all stations. de-
pots. shops. yards and other grounds at
any time used I'm connection Herewith !.
railways. sidings, switches. bridges,
fences. turntables, water tanks. via
ducts. freight houses. car and engine
houses. machine shops, and ali other
A.,
soAver. and all tools. implements. machin-
cry fuel. furniture, fixtures. materials,
and supplies owned or acquired By IL In
constructing, repairing. operating. replac-
ing and maintaining It's said railroad I;
also all the rights. franchises, privileges.
immunities and easements, and all leases,
leaseholds. including all corporate fran
chises 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 revrrsions. rems ind D.
crs tolls, incomes rents. issues and
profits of the above described property
and premises. and also all the estate
right, title. interest and claim. az well
in law a 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 sppur-
tenanCes.
As more fully provided by said Final De-
rec to which reference is hereby made:
l. Said sale will he made without ysiua
ion, appraisement, redemption or extension
II The Special Master may adjourn or
postpone such sale and may, without further
lotice or advertisement. proceed with the
ale on any date 10 which the same may have
zen adjourned.
Ill Any party to the cause, or any own
n or holder Of First Mortgage Bonds OF The
cincinnati, Dayton and Chicago Railroad
company hereinafter called First Mortgage
3onds) may bid or purchase at the sale.
". Said property will be sold free and
lear OF all interest. liens and claims OF any
md all parties TO the cause. and OF each
md ell such persons, partnerships and cor
,orations as may hereafter become or be
made parties hereto and OF each and all
persons. partnerships and corporations claim
ng under them or any Of them.
v The Special Master will offer for sale.
,nly a. an entirety. all the property adjudged
" said Final Decree TO be embraced in the
First Mortgage OF The Cincinnati. Dayton
md Chicago Railroad Company, and will
trike off and sell the same TO the highest
bidder subject to confirmation OF the sale
~ the Ccdrt
The Special Master will not. however, ac-
ept any bid for said property less than the
um OF S275ooo. and II such required sum
hall not be bid the Special Master will ad-
ourn the sale and apply 10 the Court for
urther instructions In respect thereof
The Special Master will receive no bid
rom any one offering TO bid who shall not
irst deposit with him as condition prece-
lent 10 his right 10 bid and as a pledge that
uch bidder will make good his bid In case
u its acceptance b. the Special Master and
BY the Court the sum Of $50, 900
n cash, or BY certified check upon any ma
ional bank o. trust company In the State OF
ohio or the City OF New York acceptable 10
he Special Master. and made or endorsed
payable TO his order or in lieu OF said de-
,osit in cash or by check. 100000 face
amount OF First Mortgage bonds in bearer
orm. bearing the coupons sppurtensnt 10
such bonds maturing October /. 1914. and
In lieu OF the deposit OF First Mortgage
Bonds and coupons with the Special Master
hereby permitted. the Special Master will sc-
,ept the certificate 81 The New York Trust
company tina, II holds subject 10 his order
he amount therein specified OF First Mort
rage Bonds in bearer form. sccompa MED by
he coupons therein stated. The deposit re-
'eived from any unsuccessful bidder will he
returned 10 him when the property has been
struck off The deposit received from any
successful bidder will be held By the Special
Master subject to the orders OF said Court.
md upon confirmation OF the sale will be
applied on account OF the purchase price OF
he property.
vi. In case any bidder. after the accept
,nce Of his bid by the Special Master. shall
all TO 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 hereinbefore pro-
'ided. whether in cash or by check or repre-
tented by First Mortgage Bonds. Will be for
cited as a penalty for such failure and will
"a applied TO tbs payment Of the expenses
v resale snd toward making good any de.
'ciency or loss in case the property shall be
.oli a. less pric. on any such resale and