New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-09-17
MASTERS SALE
THE CINCINNATI, HAMILTON AND
DAYTON RAILWAY COMPANY.
Cincinnati DAYTON and ChicaEo.)

uthern District Of ohio. Western DIVISION
April 20, 1917, in q certain cause ~
Iity pending In said Court, entitled ne
w York Trust Company, Plaintiff, against
. Cincinnati. Hamilton and Dayton Rail.
- Company. Bankers Trust Company ana
ntral Trust Company Of New York. De-
ldants. In Equity, No. 49, as modihed ~
order entered in said cause July u, 1911
4 an order entered In said cause August y
l.. I. Aaron A. Ferris, tho Special Master
'errsd 70 in said Final Decree, will sell
public auction 10 the highest bidder or
ilnrs at the place where the MORTGAGE
20 OF railway cross the line Or German
3u Avenue, I'm the city OF Dayton, In me
a.. ~ Ohio. upon the premises formerly
ned hy The Cincinnati. Dayton and Chit
90 Railroad Company, and upon the prop
iy IN b.. sold. on September IS. 1871 At
. o'clock +. NJ. the property In said Final
.cree described and therein directed TO bs
ID. TO wit: The property embraced IN the
rst Mortgage Of The Cincinnati, Dayton
d Chicago Railroad Company.
A brief description OF the property TO be
Id at said sails is as follows:
All that portion OF the line If rail
way formerly belonging 10 The Dayton,
Fort Wayne & Chicago Railway Company,
situated In IN. counties Of Allen, Van
Vert. Mercer. Darke, Miami and Mont
gomery. in the state NJ ohio. and begin
ing a Delphos In Allen County and run
llNE IN a FClfnsTlA direction through open
c.ryille in said Allen County. Van Vert
county. Mercer and Celina in Mercer
County. Versailles IN Dsrks County. Gov
ington and West Milton I'm Miami County,
S'iIlVater Junction and Dayton In Mont
gomery County TO the said city OF Day
ton, in said last named county. together
with branch line OF about one mile from
the National Home for Disabled Noiun-
teer Soldiers TO the main line about ore
and ons-half miles from tho western cor
poration limits OF said city OF Dayton, to-
gether with all the property OF a corporate
nature or ownership 81 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 al
property. rea. and personal. together with
OIL the rolling stock. equipments and To-
comotives at any time owned or acquired
By n or It's constituent companies or
predecessors for constructing, repairing.
operating. replacing or maintaining is
railroad conveyed by It's First Mortgage.
dated April I. 1892. 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, roadbels and tho entire
suuerstructures 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, sidings, switches, bridges.
fences, turntables. water tanks, VIA
ducts, freight houses. car and engine
houses machine shops, and az other
structures. buildings and fixtures what
soeyer, and all tools, implements, mach.n-
cry, fuel, furniture, fixtures, materials,
and supplies owned or acquired by 1t In
constructing repairing, operating. replac-
ing and maintaining its said railroad;
-H.N.H Lea - afs~
immunitiAs and easements, and all leases,
lea schools, including all corporate fran
ChiseS connected with said line OF rail-
road and property and all other properly
Of whatever nature. real or personal. a
any time acquired or owned by said The
Cincinnati Dayton and Chicago Railroad
Company
Together with the reyersiors. remand.
ers tolls. incomes. rents, issues and
profits Of the above described property
aud premises. and also all the estate,
right. title. interest and claim. a well
In law as in equity. formerly OF said The
Cincinnati, Dayton and Chicago Railroad
Company, Of. IN, and 70 the said premises,
and every part thereof with the appur-
As more fully provided by said Final De-
90. 10 which reference is hereby made:
l. said sale Will be mad. without valpa-
,u. apprs.sement. redemption or extension.
d. The Special Master may adjourn or
sfpone such sale and may, without further
ti'e or advertisement proceed with the
!e on any date 70 which the same may have
en- adjourned.
III. Any party 10 the cause, or any own
or holder OF First Mortgage Bonds OF The
ncinnati, Dayton and Chicago Railroad
.mpany hereinafter called First Mortgage
pndsJ may bid or purchase a. the sale.
" said property Will be sold free and
ar Of all interest. liens and claims OF any
4 all part!ss TO the cause. and OF each
a all such persons. partnerships and cor
rat!ons as may hereafter become or be
,de parties hereto, and ~ each and all
rsOns, partnerships and corporations claim
, under them or any OF them.
v The Special Master will offer for sale,
ly as an entirety. all the properly aijudSed
said Fina. Decree 10 he embraced IN the
ret Mortgage Of The Cincinnati. Dayton
4 Chicago Railroad Company. and will
ike on and sell the same TO the highest
lder subject TO confirmation Of the sale
the Court.
The Special Master will not, however. &C
5t any BID 'or said properly less than the
m Of S17O. 900 and II such required sum
llI not be bid tho Special Master will ad-
arm the sale and apply 70 the Court for
.tEer instructions IN respect thereof
The Special Master will receive no bid
I'm any one Offering 10 bid who shall not
81 deposit With him rs a condition prsCe-
nj TO his right TO bid and as pledge that
III bidder Will make good his bid In case
IT'S acceptance by the Special Master and
lrrmation By the Court the sum OF $4,000
cash, or by certified check upon any ma
nal bank or trust company In the State Of
10 or the city OF New York accepts Die to
Special Master, and made or endorsed
yable 20 his order, or in lieu OF said de-
,it in cash or by check. 5000 900 fac.
lount OF First Mortgage bonds in bearer
ha q OF a
IN bonds maturing October !. 1914 ana
In lieu Of the deposit or First Mortgage
nIs and coupons with the Specia! Master
-eBy permitted. the Special Master Will a.
y me certificate OF The New York Trust
mpauy that it holds subject 20 his order
amount therein specified OF First Mort
q Bonds IN bearer form. accompanied By
coupons therein stated. The deposit re-
vsd from any unsuccessful bidder will be
urued 20 him when the property has been
IgN ~ The deposit received from any
.cessful bidder will be held by the Special
ster subject 20 the orders OF said Court,
upon confirmation OF ths sale VIII be
Piled Oh account OF the purchase price OF
property.
~ IN case any bidder after the accept
e OF his bid by the Special Master. shall
20 comply within the period o. twenty
- with any order az the Court requiring
relating 10 the payment OF the balance o,
purchase price. then the sums deposited
such accepted bidder as hegeiHbefOrs pro-
ed whether iu cash or b. check or repre-
red by First Mortgage Bonds, will b FOR.
tel as a penalty Tor such failure and will
applied % the payment Of the expenses
resale sud toward making good any de-
snCy Or loss In case the property shall bs
4 a. a less price on any such resale ana
such other purposes as the Court may
cot. II the Court shall not confirm any
e. the deposit made b. the accepted bid
will he forthwith returned 10 such bidder
III The purchaser, on confirmation OF
sale By the Court, shall make such fur
Y payment or payments In cash on account
the purchase price the Court may from
- 10 time direct. so much o, the pgr-
ise price as may not be required by N.
Irt 10 be paid IN cash may either be paid
cash or any purchaser may satisfy or
"a. good such residue OF his bid IN whole
In part b. turning over 20 tho Specia!
stsr 20 be cancelled or credited. as herein
er provided, First Mortgage Bonds and
.p0ns ther.unto appertainlns In lieu Of
turning over TO the Special Master Fire.
gage BOp!s and coupons the Special
ster will accept the certircat. Of This
- York Trust Company that IL holds sub