New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-01-11
MASTERS SALE


and tie Court reserves the right and re
isins The power and Jurisdiction 50 - 90
snd The right. power and Jurisdiction 70
take back and resell any property that
shhll be sold under said dscress, ip oase
the purchaser purchasers. or his o.
their successors, shall fall 70 Pay sHy o.
TIE claims Insntionsd 10 said Aftiele viih
In twenty dsys after ssrvics OF an order
OF tho Cour, requiring such payment OF II
en- appeal be taken from any such order.
tsn notice of Apsl conArrnsiloa Of such or
der upon appeal
In the event that sny purchaser aftsr
demand made. shall refuse 10 pay any OF
the above mentioned Indebtedness or la.
bliilies WHICH under the proyisions OF
SAID Article XxyIi he Is or may Be re-
quirsa TO pay. the person holding the claim
therefor. upon twenty days Notice 70 sue
purchaser. may nis a petition In the Cour
to have such claim snforesd sgains. N"
property sold 70 such purchase. a..
cordanca with the usual practice OF tne
Court IN relation to payments Of similsr
character, and such purchaser shell nav
the right TO appear and make defense 20
any claim. debt or demand OF ms priof''s
thereof so sought 10 be enforced
10 Article XVII Of said DEGREES proy'ae'
that tbs Receiver shah, not more than
teen nor less than ave days prior 20 tnt
date axed for the sale under said DEGREES
District Court for the Eastern District or
Missouri. Eastern Division, an spproximsie
reference TO all rolling stock ana othsr
property acquired BY him, the smou|' o,
moneys in his hands. and with rsfe; snce
10 certain indebtedness. liabilities, eisin,s
and demands OF the Receiver ana OF tuS
H. Any purchaser Of the property Dc,
scribed In Article VII and In Afticle NJ
OF the said DEGREES and In the dsseriptNs
clauses hereof. or OF any parcel thereof
will have the right TO enter his appearance
In said consolidated causes. and he or Ahs
wherein Commonwealth steel company and
Guaranty Trust company OF New YORK ana
Benjamin f. Edwards. as trustees, a.
complsinsnts, respectively. VIII nave VI
right 20 contest any claim, demsnd or
lowsnco existing at the time on the ule
and then undetermined. and any claim o
demand which thereafter may arise or o.
presented which shall be payable by an
such purchaser, or which shall be charge
able against the property sold 10 sach pu'
chaser. 4.
scribed in Article VII and In Article NJ
OF said DEGREES and in the descripuN
clauses hereof. or Of any parcel thsreoi
and whether or not he mas orstelsu
USED any rights thereunder, shall have inc
right. within six months after the deliseIy
OF the deed or other Instruments OF cor
veyance or transfer by the undersigneS
Special Master OF the property pnrehsses
by him, or within such additional period
as said United states District Court TO-
the Eastern District OF Missouri; EssssIh
ere. permit to elect not to nsums or
ADOPT any lease or contract made ~ the
defendant Railway Company or by the Ne
ceiyer. which Is part OF The properly en- en-
vsyance or transfer. Such election shall
be made by instrument IN rrluns, ssheo
By the said purchaser ana shall contain .
general description OF the eontraots o
leases which he elects not TO assume o,
adopt and shall be fled with the CLERK OF
said Court Within the aforesaid period 80
-
said period shalt be deemed TO conoluse
the purchaser IN respect OF such eleeuon,;
and upon the nling OF such election sac
purchaser shall be deemed not TO nave as
sumed or adopted the said contracts o.
leases or rights therein described nor 70 ps
bound by the obligations OF SAID contracts
or leases; provided however ,nss snen ere.
any reduction in the amount OF the olu
made At said sale or IN amounts 10 10
paid IS In said DEGREES provided.
to ANY purchaser OF the property az
scrlbed in Article VII and IN Article Nj
Of said DEGREES and In the descrpts
clauses hereof. or OF any parcel thetso,.
shall have the right 10 elect not 20 tsks or
accept any part OF the property 80 sold 20
such purchaser, by written naties OF nls
election given to the undersigned speelsi
S M'e dsliVefy ~ o, tRs DEED or other insiru
rents OF CONVEYANCE or transfer by the
Special Master. No such election by pur-
chaser shall diminish or .ns s ans pur
IL Ipon Continuation Of the sale Of ans
or all OF said parcels and upon payment o.
the purchase price or sueh p2tuon tse.es
District Court for the Eastern Dftriet OF
Missouri. Eastern Division, pc REQUIRES 20
be paid I'm advance OF the de!iNery OF tho
deed or other Instruments OF eonvGshef
and transfer, or upon the making ny any
purchaser OF such provision for the pa
ment thereof as said Court snah spproIs
lie Undersigned Special Master VII exc
loNl a.
proper Instruments conveying asslsh,ni
and transferring to such purchaser or M
ssssns ths rG bor.y.f so TO tSs provision,
OF Article XIV OF said aseEess
F Upon the delivery OF such deed Or deee'
or other instruments, 81 e sbs sr.et.s o.
grantees therein named shan be let mo
The possession OF the property 90 conyeye'
or Transferred, IgGJscf .",rsirs uo sHy
~ Tn. KANSAS and Colorado Pseiho rail-
way company dated February zoos. 20
the continued possession Thereon BY SAL
In The United States District Court for
tho Eastern District Of Missouri, Esst,
ern Division. Tor the fore Tosii OF r ss
cemsssy OF New York is complainant,
snd the said Receiver and any psny
to said consolidated e ca ., n %ao o.
premises shall deliver the same over %
said grantee or grantees subject as atofs
said and said grantee or grantees shAl'
AFTER such delivery of possession, hold, pos,
sess and enjoy the property 90 eonysyei
and transferred, and every part ana pste7'
thereof free from the truN aud lien In
fundIng Mortgage OF thu defendant RAJ
way Company and free from az Slsl"i,
rights interest or equity or redemptlon on
IA or TO the sans By or OF tne oetsnasn
signs and by or Of the creditors and stoc4'
holders OF the defendant Rail"ay Con-
many, and By or OF al persons cislnlns
81, under or through the defendant kai
way Company, it's creditors or It's stock'
holders and BY or OF all parties TO the con
stitusnt causes tn which Common"eslt'
steel Company and Guaranty Trust Com
many OF New York and Benjamin II. "a
wards, as Trustees, are complainsnts' ana
By or OF all persons claiming uhosr thtlh
OF any OF them. except the holders OF me
liens and obligations described IN Articles
XVIII and XII OF said DEGREES IN SO fst
as but only IN 50 far as saw liens sna
obligations AFFECT said properly. or any
deed or deeds by the Special Master as sfoFe-
said, the purchaser shall be entitled 20 nave
enjoy and receive all revenues shd cotpens~-
persons by the Receiver In the operation or
, The premises conveyed 10 SUCH purchasef
subsequent 10 the date OF sale. as well a.
any and all material supplies ana othet
property acquired by the Receiver DURING ssii
perfod In the operation Of the premises cor
, veYed 10 such purchaser, subject, however, u
the continued possession by said Receiver %
80 much OF said property as shall be subject
TO the Fira Refunding Mortgage OF The
Kansas and Colorado Pacific Railway Com
many and 20 the further Determination by
said Court ~ the amount OF such revenues
and compensation properly attributable 10
said last named mortgage; and ths right 10
make such further determination Is reserved
BY said DEGREES.
is By said DEGREES all questions Issues;
matters and things not thereby disposed
OF. Including the discharge OF the Receiver
aud the statement and settlement OF NE
accounts arc reserved b. said Court To-
fits future adjudication.
For further particulars. referenc. u
hereby made 10 said Special Masters reperis
and said final DEGREES IN said consolidated
caus.a in the cousftfuent n