New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-02-01
MASTERS SALE

tho purchaser or purchasers, or his o.
the claims mentioned In said Article. with.
10 twenty days after service OF an orcer
OF tho Court requiring such payment. or 4,
at appeal be taken from any such order,
within twenty days after service OF writ
ten notice Of hnal confirmation OF such or
der upon appeal
In the event that any purchaser ats.
demand made, shall refuse 20 pay any o;
tho above mentioned Indebtedness or Tia
blIittes which under the proEis icns o.
said Article NNNu Ne Is or-msy be re
quircd 20 pay. the person holding the claim
therefor upon twenty days notice 20 suc1
purchaser may nle petition Ia The Court
10 have such claim enforced against the
property sold TO such purchaser, IN ac-
cordancc with the usual practice OF the
Court 10 relation 10 payments OF a similar
character and such purchaser shall hays
the right TO appear and make defense "a
any clam. deet OF demand OF tho priority
thereof 50 sought 20 be enforced.
10. Article XVII OF said DEGREES providef
that the Receiver shall not more than o.
teen nor less than ave days prior 10 tha
Gate hxed for the sal, under said decrees
ute With the Clerk OF The United states
District Court FOR the Eastern District OF
Missouri Eastern Division, an Approximate
and advisory statement or statements with
reference 20 all rolling stock and oths-
property IHSi% s'Sa'ssd y him; Shs AInS Ss no
20 certain indebtedness Liabilities, claims
and demands OF the Receiver and OF thp
Railway Company
scribed IN Article VII and IN Article XII
OF the said decrses and IN the descriptive
clauses hereof or 81 any parcel thereof
will have tho right TO enter his appearance
IN said consolidated causes, and ma or any
Of the parties 10 the constituent causes
wherein Commonwealth steel company ant
Benjamin J. Edwards. as rrustees, ar
compla.nants respectively, Will have tn
right 70 contest any claim. demand or a.
loVance existing at the time % the sale
and then undetermined. and any claim %
demand which thereafter may arise OF ."
presented which shall DO payable ~ an
such purchaser. or which shall be charge
able against the property sold 20 such pur-
chaser
-. ANY purchaser OF the property DE-,
scribed IN Article VII and In Article NJ
OF said DEGREES ana in the de>criptiN.
clauses hereof. o. OF any parcel Thereof
and whether or not he has exercised Or
used any rights thcreundcr, shall have IN
night. within six months after he deliver
OF the deed or other Instruments Or con
Nevance or transfer b. tho uudersisncf
special Master 81 the property purchase.
by him, or within such additional period
IS said United states District Court To-
th> Eastern District % Missouri. Esstern
Division. may hereafter hf is order OF &C
cree permit, 20 elect not 20 assume
adopt any lesss Or contract made BY thr
defendant Railway Company or hy tho Re
ceiver. which IS part Of no properly an
braced IN such deed or Instruments of con
veyanca or transfer such election shall
be made b instrument in writing signeN
b. the said purchaser and shall contain T.
general description OF the contracts q.
leases which he elects not " assume
adopt and shall b. nied with the clerk .
said Court within ths Aforesaid period. y.
user Of rights. prior o. the expiration 81
said period shall bs deemed 20 conclude
the purchaser IN respect OF snth erection,
and upon tho Ming o. such election tain
purchaser shall oe deemed not 20 nave
sumed or adopted thu said contracts ~
leases or rights therein described nor % y"
bound by the obligations Of said e'nlfsc'
or leases provided, however, thst such ere
ton shall not entitle the said purchaser -
any reduction in ths amount or No b.N
made al said sale or In amounts 20 re
paid In said decroes prov ided.
~. ANY purchaser OF the property ds.
scribed la Article VII ana M Article NJ
Of said DEGREES and IN the destrplFs
clauses hereof, or OF any parcel thsfcoi
shall have the risht 20 elect not 20 take o.
accept any part OF ths property 30 sold 81
such purchaser, BY written notca or hia
election given 10 the undersigned sp@ris
and delivery OF the deed o. other instru
ments ~ conveyance or transfer % tnf
Special Master. No such election pt ph'
chaser shall. diminish or snoct the o.
chsse price 10 be paid by such purchaser
IL Upon confirmation or iho sale OF an.
or ar Of said parcels and upon pas mrhi p
the purchase price or SUCH p2tIoh lesI.o
- shall, by order % said lntef states
District Court for the Eastern District Or
Missouri, Eastern Division, he required f'
be maid la advance or the delivery of me
and transfer. or upon tho making ~ any
purchaser OF such provision toI the pa
mcut thereof as said Court snaH apptoF-
tina undersigned Special Master vii axe
cute and deliver deed or deeds or other
proper Instruments conveying, assigning
and transferring 20 such puchaser OF nis
assigns the property sold 10 buch pu'
chaser, subject y however, 70 thS provisions
Of Article XIV OF said DEGREES.
Upon the delivery or such deed Or deeds
or other Instruments OF conveyance ~ az
grantees therein named shall De yer nv.
the possession or tre property - convey y.
or transferred subject ~ 20 81 PropeI
covered by The First RefundLg MOTtEaf'
OF The Kansas and colorado Paclne kah
way COMPANY dated teoguaTY zoos. 81
the continued possession thereof ~ a.
Receiver IS receiver ln the cause now pendln2
In the United states District Court Tor
the Eastern District OF Missouri has,
ern Division. for tbs fore. closure OF saw
H Go515s5y OF New YORK j. complsinant
and tina said Receiver and any parry
10 said consolidated causes who s1al
be in possession Of any ., SAD piopsIN ,
said grantee or grantees, fupJet. As at'i'
said. and said grantee or grantees aHa-.
affer silch delivery of possession. bold. pos
sess and enjoy the property % couNefe'
and transferred. and every pare and pafcf.
thereof free froiu the trust and hon .n.
funtiua Mortgage OF the dcfeniaui kt
way COMPANY. and free from an c.alm.
rights interest or equity or redemption ~
I'm or 20 the same by or on tho d2tf1atI
Railway Company. MS SUCCESSORS and
sigug. and oy o. N the creditors snt r'oe'.
holders ot the dofe. ant hah"A. Ca.
pany and by or - III persons, c.aim.n-
by under or through the Defendant ~.
way COMPANY its creditors or rs stocf
holders and boy or " sil parties 10 tne c9h
stitueut causes in when 'oiltnohN e@l-'
STEEL company and GUaTauty Trust Com
psuy Of New York and Beniami7 p. 70
wards, as Trustees. are compainants. an
by or % all persons claiming UNDER tiel-
o. sny %, them. except the holders - ne
lens and OBLIGATIONS described ln Artlcle'
XVIII and Nit ~ said DEGREES IN 80 re-
as but only Do so Tar a. reld N-n7 aft
,,o-i7cr ,her.of t-pon the delivery % tra
deed or deeds by the Special Master as storr-
said ths purchaser shall De entitled TO nave
enjoy and receive all revenues and c1mp9ni2
lion For services rendered 20 any parties o.
person. BY the Receiver m the ope atlon tI
the premises conveyed 70 sAch plf-lsser
subsequent 10 the date OF SAFE as Vel a.
any and all material. supplies ali ONE,
property acquired by he Receiver durinS ssif
period in tbs operation OF the premises cor
vaysd 20 such purchaser, .noJefl 1890 =.
go much Of said property a. fhsl - slolec.
20 the First Refunding Mortgage % The
Kansas and Colorado Pacihc ksllwsy CON-
psny and 20 the further liberalization b.
said Court Of the amount % such revenue
and compensation properly attrihutsois r.
said last named mortgage ana inc Hsht e.
make such further determination - FefefFe'
b. sald DEGREES
IS BY said DEGREES all questions, issue'
matters and things not thereby fispossd
o. including the discharge OF ths Receive
and the statement and settlement % hH
accounts are reserved BY tsid CouF, &C.
its future adjudication.
Vor flr,hAr particulars. reference Ia
hereby made 70 said Special Masters reports
and said nnsl DEGREES IN said consolidated
causes aud FRI the constituent causes on
fis in the orices - the Clerks - the Unit
ed gates District Courts FOR the Eastsrn
District % Missouri, Eastern Division. and
for the southsrn District Of New York.
Dated, January 6th, 1917
JOSEPH 3 DOBYN9.
Ggsclal Masls-